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Bylaw NO. 3357/2024
COUNCIL OF THE CITY OF RED DEER, ALBERTA, ENACTS AS FOLLOWS:
WHEREAS pursuant to the authority granted to it by the Municipal Government Act, the
Municipal Council of the City of Red Deer must, by bylaw, adopt a land use bylaw; and
WHEREAS Council considers it desirable to replace the existing land use bylaw for the City of
Red Deer with a new land use bylaw;
NOW THEREFORE after due compliance with the relevant provisions of the Municipal
Government Act, RSA 2000, ch. M-26, as amended, the Municipal Council of the City of Red
Deer duly assembled enact as follows:
1. The bylaw, entitled "Zoning Bylaw 3357/2024" attached as Schedule "A" hereto is hereby
adopted as the land use bylaw for the City of Red Deer.
2. The previous land use bylaw for the City of Red Deer, Bylaw 3357/2006, as amended, is
hereby repealed.
3. This Bylaw will come into full force and effect 30 days after third reading.
READ A FIRST TIME IN OPEN COUNCIL this
day of
2024.
READ A SECOND TIME IN OPEN COUNCIL this
day of
2024.
READ A THIRD TIME IN OPEN COUNCIL this
day of
2024.
AND SIGNED BY THE MAYOR AND CITY CLERK this
day of
2024.
MAYOR
CITY CLERK
Zoning Bylaw
3357/2024
Schedule A
Adopted
May 13, 2024
Last Amended
June 9, 2026
3
Table of Contents
Part 1
Overview & Definitions ...................................................................... 15
1.10 Title ................................................................................................................................. 15
1.20 Overview of this Bylaw ................................................................................................... 15
1.30 Transition ........................................................................................................................ 15
1.40 Interpretation ................................................................................................................. 15
1.50 General Definitions ......................................................................................................... 17
1.60 Use Definitions ................................................................................................................ 27
1.70 Sign Definitions ............................................................................................................... 38
1.80 Establishment of Zones ................................................................................................... 47
1.90 Establishment of Direct Control Zones ........................................................................... 48
1.100 Land Use Zone Boundaries ............................................................................................. 48
1.110 Land Uses in Zones ......................................................................................................... 49
Part 2
Development Process & Administration ............................................. 50
2.10 Development Officer ...................................................................................................... 50
2.20 Permission Required for Development ........................................................................... 50
2.30 Developments Not Needing a Development Permit ....................................................... 50
2.40 Development Permit Applications .................................................................................. 53
2.50 Notice of Complete or Incomplete Development Permit Applications ........................... 62
2.60 Crime Prevention Through Environmental Design .......................................................... 64
2.70 Applications In Escarpment Areas .................................................................................. 64
2.80 Land Titles ....................................................................................................................... 65
2.90 Development Authority Powers, Duties, and Discretion................................................. 66
2.100 Development Officer's Decision on Permit Applications ................................................ 66
2.110 Municipal Planning Commission Decisions on Permit Applications ................................ 68
2.120 Notice of Decision ........................................................................................................... 68
2.130 Conditions of Issuing a Development Permit .................................................................. 69
2.140 Cancellation of Development Permit .............................................................................. 72
2.150 Limit on Frequency of Development Permit Applications .............................................. 72
2.160 Requirement to Commence Development ..................................................................... 72
4
2.170 Failure to Complete Development .................................................................................. 73
2.180 Notice of Appeal Hearings .............................................................................................. 73
2.190 Zoning Bylaw Amendment Application ........................................................................... 74
2.200 Limits on Frequency of Applications for Amendments ................................................... 75
2.210 Guidelines ....................................................................................................................... 75
2.220 Subdivision Approval Applications .................................................................................. 75
2.230 Enforcement ................................................................................................................... 76
2.240 General Regulations for Offences and Penalties ............................................................. 77
2.250 Specified Penalties for Offences ..................................................................................... 79
2.260 Impounding and Storage Charges ................................................................................... 80
Part 3
General Regulations ........................................................................... 81
3.10 Use of Public Property .................................................................................................... 81
3.20 Number of Principal Buildings Per Site ........................................................................... 81
3.30 Main Floor Minimum Height Measurements ................................................................. 81
3.40 Frontage .......................................................................................................................... 81
3.50 Yard Measurements ........................................................................................................ 81
3.60 Development Over Gas Lines .......................................................................................... 81
3.70 Utility Regulation Stations ............................................................................................... 82
3.80 Electrical Overhead Wiring Separation Distance ............................................................ 82
3.90 AltaLink Consultation and Potential Constraints Area..................................................... 82
3.100 Setbacks from ATCO High Pressure Pipelines .................................................................. 82
3.110 Setbacks from TransCanada Pipelines ............................................................................. 83
3.120 Restrictions on Corner Site Lines .................................................................................... 83
3.130 Landscaping Regulations ................................................................................................. 85
3.140 Fence Regulations ........................................................................................................... 86
3.150 Roof Drainage ................................................................................................................. 87
3.160 Amenity Space Regulations............................................................................................. 88
3.170 Exterior Fire Escapes ....................................................................................................... 88
3.180 General Regulations for Residential Zones ..................................................................... 89
3.190 Developed Areas Regulations ......................................................................................... 90
3.200 General Regulations for Commercial Zones .................................................................... 95
5
3.210 General Regulations for Industrial Zones ...................................................................... 110
3.220 Vehicle Access to Sites from Public Roads .................................................................... 111
3.230 Parking Spaces and Areas ............................................................................................. 111
3.240 Required Parking Spaces Table ..................................................................................... 113
3.241 Parking Exceptions ........................................................................................................ 119
3.250 Parking on Public Property ............................................................................................ 121
3.260 General Parking Regulations ......................................................................................... 121
3.270 Parking Regulations for Commercial and Industrial Developments, Townhouses, and
Apartments .............................................................................................................................. 124
3.280 Parking Regulations for Areas in the Greater Downtown ............................................. 125
3.290 Driveways and Parking Pads in Residential Zones ......................................................... 128
3.300 Fire Hydrant Clearance Requirements .......................................................................... 129
3.310 Accessible Parking ......................................................................................................... 129
3.320 Loading Spaces ............................................................................................................. 130
3.330 Objects Prohibited in Yards ........................................................................................... 131
Part 4
Regulations for Specific Uses & Activities ......................................... 134
4.10 Permitted and Discretionary Uses in All Zones ............................................................. 134
4.20 Temporary Uses ............................................................................................................ 135
4.30 Accessory Buildings....................................................................................................... 139
4.40 Adult Entertainment ..................................................................................................... 140
4.50 Backyard Suites ............................................................................................................. 140
4.60 Cannabis Retail Sales .................................................................................................... 145
4.70 Crematorium................................................................................................................. 146
4.80 Day Care Facility in a Residential Zone .......................................................................... 146
4.90 Day Care Facility in a non-Residential Zone .................................................................. 147
4.100 Drinking Establishment ................................................................................................. 148
4.110 Drive-Through ............................................................................................................... 149
4.115 Garage Sales ................................................................................................................. 149
4.120 Home Occupation Major .............................................................................................. 149
4.130 Home Occupation Minor .............................................................................................. 151
4.140 House Suites ................................................................................................................. 153
6
4.150 Industrial or Commercial Training Facility ..................................................................... 156
4.160 Late Night Club ............................................................................................................. 156
4.170 Lease Bay Building ........................................................................................................ 156
4.180 Microbrewery ............................................................................................................... 156
4.190 Outdoor Display or Sale of Goods ................................................................................. 156
4.200 Outdoor Storage in Commercial Zones ......................................................................... 157
4.210 Outdoor Storage in Industrial Zones ............................................................................. 158
4.220 Public Assembly ............................................................................................................ 158
4.230 Satellite Dish Antennas ................................................................................................. 158
4.240 Security Suites .............................................................................................................. 159
4.250 Show Homes ................................................................................................................. 159
4.260 Specialty Food Services ................................................................................................. 160
4.270 Supportive Living Accommodations.............................................................................. 160
4.280 Temporary Buildings ..................................................................................................... 160
4.290 Temporary Care Facility ................................................................................................ 161
4.300 Townhouses and Apartments ....................................................................................... 161
Part 5
Sign Regulations ............................................................................... 163
5.10 Purpose ......................................................................................................................... 163
5.20 Applicability .................................................................................................................. 163
5.30 Signs That Do Not Require a Development Permit ....................................................... 164
5.40 Administration and Authorization ................................................................................. 165
5.50 Sign Development Permit Regulations .......................................................................... 165
5.60 Conditions of Development Approval for Signs ............................................................ 167
5.70 Variances....................................................................................................................... 168
5.80 Attaching Conditions to Variances ................................................................................ 169
5.90 General Regulations for All Signs .................................................................................. 169
5.100 Sign Location and Placement ........................................................................................ 170
5.110 Sign Height and Projections .......................................................................................... 170
5.120 Design ........................................................................................................................... 170
5.130 Calculation of Sign Area ................................................................................................ 171
5.140 Illumination ................................................................................................................... 171
7
5.150 Maintenance ................................................................................................................. 172
5.160 Signs on Public Property ............................................................................................... 172
5.170 Sign Overlays ................................................................................................................. 173
5.180 Billboard Signs............................................................................................................... 177
5.190 Building Sign Regulations .............................................................................................. 179
5.200 Awning or Canopy Sign Regulations .............................................................................. 180
5.210 Fascia Sign Regulations ................................................................................................. 181
5.220 Painted Wall Sign Regulations ....................................................................................... 181
5.230 Permanent Window Sign Regulations ........................................................................... 181
5.240 Projecting Sign Regulations ........................................................................................... 182
5.250 Dynamic Sign and Electronic Message Sign Regulations............................................... 183
5.260 Community Bulletin Board Sign Regulations ................................................................. 185
5.270 Freestanding Sign Regulations ...................................................................................... 186
5.280 Neighbourhood Identification Sign Regulations ........................................................... 189
5.290 Permanent Directional Sign Regulations ....................................................................... 189
5.300 Recreation Sponsor Sign Regulations ............................................................................ 189
5.310 Temporary Sign Regulations.......................................................................................... 189
5.320 Banner Sign Regulations ............................................................................................... 190
5.330 Construction Sign Regulations ...................................................................................... 190
5.340 Election Sign Regulations .............................................................................................. 191
5.350 Flag Sign Regulations .................................................................................................... 192
5.360 Portable Sign Regulations ............................................................................................. 192
5.370 Real Estate Sign Regulations ......................................................................................... 193
5.380 Show Home Sign Regulations ....................................................................................... 193
5.390 Sidewalk Sign Regulations ............................................................................................. 194
5.400 Special Event Sign Regulations ...................................................................................... 195
5.410 Temporary Directional Sign Regulations ....................................................................... 195
5.420 Temporary Window Sign Regulations ........................................................................... 195
Part 6
Residential Zones ............................................................................. 196
6.10 Residential Low-Density Zone: R-L ................................................................................ 196
6.20 Residential Wide Zone: R-W ......................................................................................... 199
8
6.30 Residential Narrow Lot Zone: R-N ................................................................................. 202
6.40 Residential Duplex Zone: R-D ........................................................................................ 205
6.50 Residential Medium-Density Zone: R-M ....................................................................... 208
6.60 Residential High-Density Zone: R-H .............................................................................. 212
6.70 Residential Small-Scale Mixed-Use Zone: R-SMU ......................................................... 215
6.80 Residential Acreage Zone: R-A ...................................................................................... 218
6.90 Residential Manufactured Home Zone: R-MH .............................................................. 220
Part 7
Commercial Zones ............................................................................ 222
7.10 City Centre Commercial Zone: C-1 ................................................................................ 222
7.11 City Centre West Commercial Zone: C-1A .................................................................... 231
7.20 Multi-Neighbourhood Commercial Zone: C-2 .............................................................. 234
7.30 Neighbourhood Commercial Zone: C-3 ........................................................................ 238
7.40 Major Arterial Commercial Zone: C-4 ........................................................................... 241
7.50 Mixed-Use Commercial Zone: C-5 ................................................................................ 246
Part 8
Industrial Zones ............................................................................... 251
8.10 Industrial Business Service Zone: I-1 ............................................................................. 251
8.20 Heavy Industrial Zone: I-2 ............................................................................................. 254
8.30 Industrial Commercial (Mixed-Use) Zone: I-C ............................................................... 257
Part 9
Other Zones ..................................................................................... 260
9.10 Future Urban Development Zone: A-1 .......................................................................... 260
9.20 Environmental Preservation Zone: A-2 ......................................................................... 262
9.30 Parks and Recreation Zone: P-1 .................................................................................... 263
9.40 Public Service (Institutional or Government) Zone: PS ................................................. 265
9.50 Post-Secondary Institution Zone: PS-I ........................................................................... 268
9.60 Public Service Residential Zone: PS-R ........................................................................... 272
Part 10 Capstone Zones and Regulations ...................................................... 274
10.10 Interpretation ............................................................................................................... 274
10.20 General Regulations for Capstone Zones ...................................................................... 274
10.30 Capstone Taylor Drive Zone: CAP-TD ............................................................................ 288
10.40 Capstone Primarily Residential Zone: CAP-PR ............................................................... 291
10.50 Capstone Commercial Zone: CAP-C .............................................................................. 295
9
Part 11 Direct Control Zones ......................................................................... 298
11.10 Direct Control Zone No. 1: DC(1) .................................................................................. 298
11.20 Direct Control Zone No. 2: DC(2) .................................................................................. 301
11.30 Direct Control Zone No. 3: DC(3) .................................................................................. 303
11.40 Direct Control Zone No. 4: DC(4) .................................................................................. 309
11.50 Direct Control Zone No. 5: DC(5) .................................................................................. 310
11.60 Direct Control Zone No. 6: DC(6) .................................................................................. 311
11.70 Direct Control Zone No. 7: DC(7) .................................................................................. 316
11.80 Direct Control Zone No. 8: DC(8) .................................................................................. 317
11.90 Direct Control Zone No. 9: DC(9) .................................................................................. 319
11.100
Direct Control Zone No. 10: DC(10) ....................................................................... 320
11.110
Direct Control Zone No. 11: DC(11) ....................................................................... 322
11.120
Direct Control Zone No. 12: DC(12) ....................................................................... 323
11.130
Direct Control Zone No. 13: DC(13) ....................................................................... 326
11.140
Direct Control Zone No. 14: DC(14) ....................................................................... 329
11.150
Direct Control Zone No. 15: DC(15) ....................................................................... 330
11.160
Direct Control Zone No. 16: DC(16) ....................................................................... 334
11.170
Direct Control Zone No. 17: DC(17) ....................................................................... 336
11.180
Direct Control Zone No. 18: DC(18) ....................................................................... 337
11.190
Direct Control Zone No. 19: DC(19) ....................................................................... 339
11.200
Direct Control Zone No. 20: DC(20) ....................................................................... 340
11.210
Direct Control Zone No. 21: DC(21) ....................................................................... 342
11.220
Direct Control Zone No. 22: DC(22) ....................................................................... 343
11.230
Direct Control Zone No. 23: DC(23) ....................................................................... 345
11.240
Direct Control Zone No. 24: DC(24) ....................................................................... 346
11.250
Direct Control Zone No. 25: DC(25) ....................................................................... 347
11.260
Direct Control Zone No. 26: DC(26) ....................................................................... 369
11.270
Direct Control Zone No. 27: DC(27) ....................................................................... 371
11.280
Direct Control Zone No. 28: DC(28) ....................................................................... 385
11.290
Direct Control Zone No. 29: DC(29) ....................................................................... 390
11.300
Direct Control Zone No. 30: DC(30) ....................................................................... 393
10
11.310
Direct Control Zone No. 31: DC(31) ....................................................................... 395
11.320
Direct Control Zone No. 32: DC(32) ....................................................................... 398
11.330
Direct Control Zone No. 33: DC(33) ....................................................................... 409
11.340
Direct Control Zone No. 34: DC(34) ....................................................................... 413
11.350
Direct Control Zone No.35: DC (35) ....................................................................... 417
11.360
Direct Control Zone No.36: DC (36) ....................................................................... 418
Part 12 Overlays, Modifiers, and Character Statements ................................ 421
12.10 Gaetz-Ross Heritage Area Overlay ................................................................................ 421
12.20 Parkvale Overlay ........................................................................................................... 423
12.30 Riverside Meadows and West Park Overlay .................................................................. 426
12.40 Riverside Meadows and West Park Commercial Overlay .............................................. 430
12.50 Eco Industrial Park Overlay ........................................................................................... 434
12.60 Flood Plain Overlay ....................................................................................................... 437
12.70 Major Entry Areas Overlay ............................................................................................ 440
12.80 Little Close Overlay ....................................................................................................... 452
12.90 Low Impact Commercial Overlay .................................................................................. 453
12.100
59 Avenue Overlay ................................................................................................ 456
12.110
Historical Preservation Zoning Modifier: HP .......................................................... 458
12.120
Historical Significance Zoning Modifier: HS ........................................................... 461
12.130
Vertical Height Zoning Modifier: V ........................................................................ 470
12.140
Density Zoning Modifier: D .................................................................................... 471
12.150
Character Statements ............................................................................................ 472
Part 13 Site Specific Exceptions and Exemptions .......................................... 473
13.10 General Requirements .................................................................................................. 473
13.20 Areas Specifically Designated for a Particular Use ........................................................ 473
13.30 Areas Specifically Exempted from a Particular Use ....................................................... 494
11
List of Figures
Figure 3.120-1: Restrictions on Corner Sites ................................................................................. 84
Figure 3.190-1: Developed Areas .................................................................................................. 92
Figure 3.200-1: Front and Side Yard Building Setbacks ................................................................. 99
Figure 3.200-2: Front and Side Yard Building Setbacks - 49 Avenue & 55 Street ........................ 100
Figure 3.200-3: Front and Side Yard Building Setbacks - 55 St (1) ............................................... 101
Figure 3.200-4: Front and Side Yard Building Setbacks - 55 St (2) ............................................... 102
Figure 3.200-5: Front and Side Yard Building Setbacks - Ross St (1) ........................................... 103
Figure 3.200-6: Front and Side Yard Building Setbacks - Ross St (2) ........................................... 104
Figure 3.200-7: Front and Side Yard Building Setbacks - Ross St (3) ........................................... 105
Figure 3.200-8: Front and Side Yard Building Setbacks - 40 Avenue (1) ...................................... 106
Figure 3.200-9: Front and Side Yard Building Setbacks - 40 Avenue (2) ...................................... 107
Figure 3.200-10: Front and Side Yard Building Setbacks - 45 St .................................................. 108
Figure 3.200-11: Front and Side Yard Building Setbacks - 49 Avenue ......................................... 109
Figure 3.241-1: Greater Downtown Boundary ............................................................................ 120
Figure 3.260-1: Parking Space Dimensions ................................................................................. 123
Figure 3.280-1: Greater Downtown Boundary ............................................................................ 127
Figure 3.290-1: Side-by-Side Parking Layout ............................................................................... 128
Figure 4.50-1: Neighbourhood Boundaries ................................................................................. 144
Figure 4.140-1: Neighbourhood Boundaries ............................................................................... 155
Figure 5.170-1: Downtown Sign Overlay ..................................................................................... 174
Figure 7.10-1: Downtown Core Area ........................................................................................... 226
Figure 10.20-1: Capstone Edge Zones ......................................................................................... 276
Figure 10.20-2 Capstone Building Heights .................................................................................. 279
Figure 11.250-1: DC(25) Southpointe Junction Lot Key Plan ....................................................... 347
Figure 11.250-2: DC(25) Lots A & B ............................................................................................. 355
Figure 11.250-3: DC(25) Lot C ..................................................................................................... 356
Figure 11.250-4: DC(25) Lot D ..................................................................................................... 357
12
Figure 11.250-5: DC(25) Lot E ..................................................................................................... 358
Figure 11.250-6: DC(25) Lot F...................................................................................................... 359
Figure 11.250-7: DC(25) Lot G ..................................................................................................... 360
Figure 11.250-8: DC(25) Lot H ..................................................................................................... 361
Figure 11.250-9: DC(25) Lot J ...................................................................................................... 362
Figure 11.250-10: DC(25) Lot K ................................................................................................... 363
Figure 11.250-11: DC(25) Lot L .................................................................................................... 364
Figure 11.250-12: DC(25) Lot M .................................................................................................. 365
Figure 11.250-13: DC(25) Free Standing Sign Sizes and Locations .............................................. 366
Figure 11.270-1: DC(27) Phases 1 and 2 ..................................................................................... 371
Figure 11.270-2: DC(27) Neighbourhood Centre Concept Design .............................................. 375
Figure 11.290-1: DC(29) Subdivision Plan ................................................................................... 390
Figure 11.300-1: DC(30) Area and 10m Buffer Area.................................................................... 394
Figure 11.320-1: DC(32) Restricted Development Area .............................................................. 408
Figure 12.10-1: Gaetz-Ross Heritage Area Overlay ..................................................................... 422
Figure 12.20-1: Parkvale Overlay ................................................................................................. 425
Figure 12.30-1: Riverside Meadows and West Park Overlay ....................................................... 429
Figure 12.60-1: Flood Plains ........................................................................................................ 439
Figure 12.70-1: Major Entry Areas Overlay Map ......................................................................... 443
Figure 12.70-2: Major Entry Areas Overlay Map - North East End .............................................. 444
Figure 12.70-3: Major Entry Areas Overlay Map - North West End ............................................ 445
Figure 12.70-4: Major Entry Areas Overlay Map - West QE2 ...................................................... 446
Figure 12.70-5: Major Entry Areas Ovelay Map - Between 67 St and Hwy 11A .......................... 447
Figure 12.70-6: Major Entry Areas Overlay Map - 67 St .............................................................. 448
Figure 12.70-7: Major Entry Areas Overlay Map - South End...................................................... 449
Figure 12.70-8: Major Entry Areas Overlay Map - Hwy 2 South .................................................. 450
Figure 12.70-9: Major Entry Areas Overlay Map - Hwy 2 North .................................................. 451
Figure 13.20-1: Timberlands Drive Site Exception Map .............................................................. 490
13
Figure 13.30-1: Heritage Ranch Restricted Development Area................................................... 496
14
List of Appendices
Appendix A: Zoning Maps
Appendix B: Small Quantity Exemptions for Dangerous Goods
Appendix C: Waskasoo Character Statements
Appendix D: Woodlea Character Statements
15
Part 1 Overview & Definitions
1.10
Title
1.10.1
This Bylaw will be known as the "Zoning Bylaw".
1.20
Overview of this Bylaw
1.20.1
This Bylaw:
1.20.1.1
divides the City into Zones;
1.20.1.2
prescribes and regulates for each Zone, the purpose for which the
land and Buildings may be used and the Permitted Uses and
Discretionary Uses that may be allowed;
1.20.1.3
establishes the roles of the Development Authorities;
1.20.1.4
establishes the method of making decisions on applications for
land use redesignations and Development Permits, and issuing
Development Permits; and
1.20.1.5
prescribes the procedures to notify landowners, residents, and
citizens who may be affected by the issuance of a Development
Permit or Bylaw amendment.
1.30
Transition
1.30.1
Development Permit applications must be evaluated under the regulations
of this Bylaw as of the effective date, even if the application was received
before this date.
1.40
Interpretation
1.40.1
Header text forms part of the Bylaw text.
1.40.2
The follow items do not form part of this Bylaw and may be changed
without an amendment:
1.40.2.1
title page;
1.40.2.2
page numbers;
16
1.40.2.3
Table of Contents;
1.40.2.4
List of Figures; and
1.40.2.5
List of Appendices.
1.40.3
Provisions of the Bylaw must be interpreted and applied as follows:
1.40.3.1
"must" means required; and
1.40.3.2
"should" or "may" means encouraged.
1.40.4
Words and terms used in the Bylaw have the same meaning as given to
them in the Act unless defined in Part 1.
1.40.5
Words that are not capitalized should be given their plain and ordinary
meaning as the context requires.
1.40.6
Text boxes are for convenience, clarification,
and reference only; they do not form part of
this Bylaw and must not be used in the
interpretation of this Bylaw.
1.40.7
The term "Zone" may be used
interchangeably with "district".
1.40.8
References to specific Road classifications
such as collector, arterial, and lane, have the same meaning as described
within the Engineering Design Guidelines.
1.40.9
Where in conflict, numerical metrics or text will take precedence over
graphics. Graphics are to support the intent of the Bylaw.
1.40.10
Where a part, section, or subsection is cross-referenced the cross-reference
will apply to the identified part, section, or subsection and any sections or
subsections within it, unless explicitly stated otherwise.
This is a text box. It helps to
explain concepts in plain
language or provide examples
of things that might not be
familiar to the reader. The
wording in text boxes is not
part of the Bylaw.
17
1.50
1General Definitions
1.50.1
Where examples are used in definitions,
they are meant to explain the definition
and are not meant to limit the scope of the
definition in any way.
1.50.2
In this Bylaw, unless context otherwise
requires:
Abut or Abutting means physically touching or
sharing a common border such as a Boundary;
Act means the Municipal Government Act;
Adjacent means lands that Abut or would be next to
a Site if not for an easement, right of way, railway,
Road, lane, river, or stream;
Amenity Space means an indoor or outdoor space
designed for active or passive recreation, and
enjoyment, provided as common or private spaces or
a combination of both;
Bed and Breakfast means a Dwelling Unit where
temporary sleeping accommodations, with meals,
are provided for remuneration to members of the
public;
Bicycle Storage means a space designed for parking
a bike in an orderly and secure manner, and can be
designed to secure a bike horizontally or vertically;
Boundary means the registered property line of a
Site;
Building means 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;
1 3357/E-2026
Examples of Amenity Space can
include sitting areas, playgrounds,
pools, patios, balconies, Decks,
and exercise rooms.
Example of Abut or
Abutting
Example of Adjacent
A Building may include a structure, but
also includes examples such as fencing,
Freestanding Signs, and light posts.
18
Building Footprint means the area of a Building measured from the outer surface of
the exterior of the Building at Grade level;
Building Height means the vertical distance between
the Grade of a Building and the highest point of the
Building, without considering any device or feature
not structurally essential to the Building;
Bylaw or the Bylaw or this Bylaw refers to Zoning
Bylaw 3357/2024, unless explicitly stated otherwise;
Bylaw Officer means a person authorized by the City to enforce City bylaws;
Cannabis is as defined in the Cannabis Act (Canada) and its regulations, as amended
from time to time;
Cannabis Accessory is as defined in the Cannabis Act (Canada) and its regulations, as
amended from time to time;
Capstone Zones mean the Capstone Taylor Drive Zone (CAP-TD), the Capstone
Commercial Zone (CAP-C), and the Capstone Primarily Residential Zone (CAP-PR);
Character Statement defines the design elements of a specific geographic area that
makes it different from another geographic area;
City or The City means the City of Red Deer;
Commercial means a use of land primarily related to or used for the buying and
selling of goods and services to the public;
Commercial Zone means a Zone primarily related to or used for Commercial uses;
Common Amenity Space means an Amenity Space provided for communal use which
must be accessible by all occupants of a Development;
Container Class means the container standard as it relates to pot sizes referenced in
the Canadian Nursery and Landscape Association's current publication entitled
"Canadian Standards for Nursery Stock" as may be amended from time to time;
Contract Specifications means a publication produced by the City's Engineering
Services which provides a basic method for the execution of constructing City
infrastructure, the City's expectations of safety, site conditions, workmanship, and
technical information of products acceptable to meet City standards;
Corner Site means a Site which has at least 2 Boundaries that Abut the intersection of
2 Roads, 2 lanes, or a lane and a Road.
Examples of elements
excluded from Building Height
measurements include roof
stairways, chimneys, skylights,
and water tanks.
19
Crest means the break between the slope face and the generally flat area located
above the escarpment;
2Deck means a horizontal structure with a surface height greater than 0.6m above
Grade at any point;
Development means:
an excavation, borehole, 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 in, on, over or under land of any of them;
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 includes:
a person designated as a Development Officer under this Bylaw;
the Municipal Planning Commission; or
City Council where so identified in a Direct Control Zone;
Development Officer means a person designated by the City Manager responsible to
administer the provisions of this Bylaw.
Development Permit means a document or permit, which may include attachments,
issued pursuant to this Bylaw authorizing a Development;
Discretionary Use means the use of land or Building in a Zone for which a
Development Permit may be issued, with or without conditions, by the Development
Authority;
Driveway means an area that provides access for vehicles from a Road or private
roadway to a Site;
Dwelling Unit means a self-contained Building, or a part of a Building, usually
containing cooking, eating, living, sleeping and sanitary facilities and used, or
designed to be used as a permanent residence by a household;
2 3357/QQ-2024
20
Edge Zone means the Setback between a Building and the Abutting Road.
Engineering Design Guidelines means a publication produced by the City's
Engineering Services which provides technical information required for construction
of a Development;
Entrance Lighting means exterior
lighting that is located above or
Adjacent to the primary and secondary
entrances of a Building;
Exterior Side Setback means the
minimum distance that Development
must be placed from a Side Boundary
facing a Road or lane;
Frontage means the linear distance of
the Front Boundary;
Front Boundary means the shortest
Boundary of a Site Adjacent to a Road,
except on Corner Sites where the
Development Authority will
determine which Boundary is the
Front Boundary;
Front Yard means that part of a Site
which extends across the full width of
a Site between the Front Boundary
and the nearest wall or Projection of
a Building;
Garage means a Building or part of a
Building which is designed and used
for the storage, Parking, or the maintenance of vehicles;
3Garage Sale means the selling of used or unwanted items from a private residence
for a temporary period of time, and includes variations such as yard sale;
Grade means the average finished ground level Adjacent to the walls of a Principal
Building;
3 3357/SS-2024
Example of Front Boundary
Example of Frontage
Example of Front Yard
21
Green Building Materials means Building materials that are salvaged, refurbished, or
recycled;
Gross Floor Area means the total floor area of each floor of a Building measured from
the outside surface of the exterior wall, and includes all floors except Parking levels;
Gross Leasable Floor Area is the
amount of floor area available to be
rented in a Commercial property.
Specifically, Gross Leasable Floor Area
is the total floor area designed for
tenant occupancy and exclusive use;
Immediate Road Context refers to
existing Development along the same
Road Frontage, on both sides of the
Road, as the proposed Development
and within the same block;
Industrial means Development
involved in at least 1 of the following:
the processing of raw materials;
the making, manufacturing, or assembling of semi-finished or finished
goods, products or equipment;
the cleaning, servicing, repairing, or testing of materials, goods and
equipment normally associated with industrial or commercial businesses
or cleaning, servicing and repair operations to goods and equipment
associated with personal or household use, where such operations have
impacts that would make them incompatible in non-industrial Zones;
the storage or transferring of materials, goods and equipment;
the distribution and sale of materials, goods and equipment to
institutions or industrial and Commercial businesses for their direct use;
or
Agriculture related Developments satisfying 1 or more of the above;
Industrial Zone means a Zone primarily related to or used for Industrial uses;
Interior Side Setback means the minimum distance that Development must be placed
from a Side Boundary that does not face a Road or lane;
Example of Gross Floor Area
22
Landfill means a Landfill as defined in the Matters Related to Subdivision and
Development Regulation, as amended;
Landfill or Wastewater Treatment Plant Setback means the area in proximity of a
Landfill or Wastewater Treatment Plant as established by the Matters Related to
Subdivision and Development Regulation, as amended;
Landscaped Area means the parts of a Site planted with trees, shrubs or other
vegetation including soil, landscape rocks, or bedding material areas associated with
plantings;
Lap Dancing means a live performance by a nude or partially nude person, the main
feature of which is the performance or simulated performance of sexual acts with
another person or the touching of another person in any way during such
performance;
Live Portion means the areas of a Dwelling Unit not contained in an attached Garage,
including covered spaces such as verandahs and porches;
Main Floor means the floor of the Building that is closest to the Grade;
Major Corridors means an area of 20m measured from the Site Boundary that is
Adjacent to:
Gaetz (50) Avenue from the southern boundary of the City to 22 Street or
Boyce Street;
Gaetz (50) Avenue from the northern boundary of the City to Kingston
Drive or 80 Street;
Taylor Drive from the southern boundary of the City to 22 Street;
67 Street or Highway 11 from the western boundary of the City to Taylor
Drive;
Highway 11A from the western boundary of the City to Taylor Drive; or
Highway 2 within the City;
Manufactured Home Lot means the space allotted for the installation of 1
Manufactured Home in a Manufactured Home Park;
Net Floor Area means the part of the Gross Floor Area which excludes mechanical
rooms, utility rooms, public washrooms, stairwells, elevators, escalators, common
Walkways, and non-leasable basement space;
23
Overlay means additional Development regulations superimposed on specific areas
of the Zoning Bylaw map, which add to the Development regulations of the
underlying, or prevail in the event of a conflict;
Parapet Wall means a low wall or barrier which is a vertical extension of the wall at
the edge of a roof, terrace, balcony, Walkway, or other structure, or an architectural
feature to screen mechanical equipment;
Parking means the space used for motor
vehicle parking;
Parking Pad means an area designed for the
parking of motor vehicles on a Site, where a
Garage, Parking lot or other Parking facilities
may or may not be otherwise provided;
Permitted Use means the use of land or Building in a Zone for which a Development
Permit must be issued, with or without conditions, by the Development Authority if
the Development conforms to this Bylaw;
Principal Building means a Building in which a Principal Use of a Site occurs;
Principal Use means the primary use, or intended use, of a Site or Development;
Private Amenity Space means an Amenity Space provided for the exclusive use of the
occupants of only 1 unit and is directly accessible from the unit;
Projection means any horizontal structural or architectural element, Building feature
or other object that:
overhangs, protrudes, or encroaches into the prescribed Setback; and
is permanent in nature or not movable by hand;
Public Property means all lands owned
or under the control of The City;
Rear Boundary means the Boundary of
a Site lying opposite the Front Boundary;
In this Bylaw, Parking (capitalized)
refers to the area for motor
vehicles to be parked. parking
(lowercase) refers to the action of
moving a vehicle into an area to
be parked.
Example of Rear Boundary
24
Rear Yard means that part of a Site which extends
across the full width of a Site between the Rear
Boundary and the nearest wall or Projection of a
Principal Building;
Recreational Vehicle means a vehicle or portable
Building designed to be carried on a motor vehicle,
towed behind a motor vehicle, or designed and built to
be transported on its own wheels, which provides
temporary living accommodation for travel or
recreational purposes;
Report means a professional technical assessment;
Residential means a use of land primarily related
to or used for housing;
Residential Building means a Building which is
designed or used exclusively for 1 or more
Dwelling Units;
Residential Zone means a land use Zone
primarily used for Residential housing;
Road means land identified as Road on a legal
plan of survey or land used as a public roadway
but does not include a lane;
Roof Terrace means a raised flat surface on which people can gather, that is on top of
a roof or partially recessed within the roof of a Building, does not project beyond any
façade of the storey below, is surrounded by guardrails, Parapet Walls, or a similar
feature, and is intended for use as an Amenity Space;
Screened means landscaping, fences, or berms which serve to visually separate areas,
functions, Sites, or uses;
Setback means the distance that Development must be placed from a Boundary;
Shipping Container means a container designed for the intermodal transport of
goods;
Examples of Recreational Vehicle
includes campers, tent trailers,
and motor homes.
Some examples of Report include
a geotechnical assessment, a real
property report, or a parking
assessment.
Example of Rear Yard
25
Side Boundary means the Boundaries of a Site
connecting the Front Boundary with the Rear
Boundary;
Sidewalk means a hard surfaced public
Infrastructure path for pedestrians within the
Road right of way and part of Public Property;
Side Yard means that part of a Site which
extends from a Front Boundary to the Rear
Boundary between the Side Boundary of a Site
and the nearest wall or Projection of a Principal
Building;
Similar Use means a use of a Site or Building, in a Zone,
which in the opinion of a Development Authority is similar
in character and purpose to a Permitted Use or a
Discretionary Use in that Zone, and conforms with the
applicable general purpose of the Zone, but does not
include a use that is a Permitted Use or a Discretionary Use
in any other Zone, excluding Direct Control (DC) Zones.
Site means any lot or parcel of land, as defined in Part 17 of
the Act, or, in the case of a Shopping Centre, the total area
on which the Shopping Centre is located, whether divided
into several lots or condominium parcels or not;
Site Area means the area contained within the
boundaries of a Site.
Site Coverage means the area of a Site covered
by Buildings above Grade with a permanent
foundation, excluding covered Decks;
Site Plan means a plan of a Site submitted in
support of a Development Permit application;
Subdivision Authority means the Subdivision
Officer or the Municipal Planning Commission;
Example of Side Boundary
Example of Side Yard
Example of Site
26
Sustainable Landscaping means a method of
landscaping that promotes little to no use of
potable water and plant material suitable for
Canada Zones 1-3 that will require less watering,
mechanical maintenance, and use of fertilizers and
pesticides;
Tandem Parking means 2 Parking spaces, 1 behind
the other, with 1 point of access. Tandem Parking is
not the same as parallel Parking;
Trailer means an unpowered vehicle towed by
another motor vehicle used to transport property,
Household goods, tools, equipment, supplies,
motor vehicles, off-road vehicles, or watercraft;
Trail Lighting means a system of light fixtures or
poles providing lighting for Walkways and gathering
areas;
Vertical Greening means all plant material such as
climbing vines or cascading ground cover that
grow up, down or from the façade of a Building,
privacy screen or other freestanding structure,
whether rooted at the base of the Building, in
intermediate planters, on rooftops or into the wall
itself;
Walkway means a passage or path for pedestrians
on private land;
Water Retaining Structure means a swimming pool,
hot tub, pond, or other structure designed to retain
liquid above or below the ground surface;
Yard means the part of a Site unoccupied by any
part of a structure;
Zero Lot Line means a Development where 1 Side
Yard Setback is reduced to 0.0m and each principal
Dwelling Unit is developed on its own Site;
Zone means a land use Zone established under this Bylaw;
Some examples of Trailer include
flatbed Trailers, cargo Trailers, car
haulers, or utility Trailers.
Example of Tandem Parking
Example of Yard
27
1.60
Use Definitions
1.60.1
Where examples are used in
definitions, they are meant to explain
the definition and are not meant to
limit the scope of the definition in any
way.
1.60.2
In this Bylaw, unless context otherwise
requires:
Above Ground Storage Tank means a use for handling petroleum products in bulk
quantities and includes supplementary tanker vehicle storage;
Accessory Building means a use where a partially or fully enclosed Building is
subordinate and normally or naturally incidental to that of the Principal Building on
the same Site, and may include Temporary Buildings;
Accessory Use means a use which is subordinate and normally or naturally incidental
to that of the Principal Use on the Site;
Adult Entertainment means a use where products or services of a sexual nature are
provided and shows or displays of nudity with an erotic or sexually explicit intent are
performed and may include:
adult mini-theatres, which are any use where live performances, film or
video or other electronic or photographic reproductions are performed
and shown;
erotic dance clubs or strip clubs; or
services of which a principal feature or characteristic is the nudity or
partial nudity of any person;
Agriculture means a use for the primary production of farm products such as:
grains, vegetables, or other field crops;
intensively grown trees and shrubs;
livestock; or
dairy products.
Agriculture may include stands for the sale of items grown or produced on the Site;
Alternative or Renewable Energy Facility means a use that either generates energy
using natural or renewable resources or produces low emissions energy;
Per subsection 1.110.3, If a use is
defined, it cannot be included in
another defined use. For example,
Merchandise Sales and Rentals
does not include the sale of
Cannabis related products, as that
is included in Cannabis Retail
Sales.
28
Animal Services means a use for the treatment,
boarding, or training of animals and includes
ancillary retail sales of associated products;
4Apartment means a use where a Building
contains 3 or more Dwelling Units arranged in
any horizontal or vertical configuration with a
shared entrance through a common vestibule for some or all of the Dwelling Units.
This use may also include separate entrances at Grade;
Auction Mart means a use where goods and equipment are auctioned and includes
the temporary storage of such goods and equipment;
Backyard Suite means a use where an Accessory Building contains a Dwelling Unit
that is located separate from the principal Dwelling Unit that is a House or a
Manufactured Home;
Business Incubator means a use accommodating leasable Commercial space with
communal washrooms and a shared reception area.
Business Support Services means a use used to
provide support services to businesses which are
characterized by 1 or more of the following
features:
the use of mechanical equipment for
printing, duplicating, binding or
photographic processing;
providing office maintenance or custodial services;
providing office security;
the sale, rental, repair or servicing of office equipment, furniture, and
machines; and
the support offered is to another business with the same Zoning.
Campground means a use intended to allow temporary camping, including the
erection of tents or the parking of Recreational Vehicles, either of which may be used
for short-term sleeping or living accommodations;
Cannabis Production Facility means a use where commercial Cannabis-related
activities permitted by federal legislation may be conducted, such as the growing,
4 3357/SS-2024
Typical examples of Animal
Service can include veterinary
clinics, boarding and breeding
kennels, and impounding and
quarantining facilities.
Typical examples of Business
Support Services can include
printing establishments,
janitorial firms, and office
equipment sales and repair
establishments.
29
production, labelling, packaging, storing and transporting of Cannabis, but excludes
the growing of Cannabis by an individual for their personal use and consumption;
Cannabis Retail Sales means a use for a retail store that is licensed by the Province of
Alberta where Cannabis and Cannabis Accessories are sold to individuals who attend
at the Site;
Capstone Existing Building means a use where a Building within 1 of the Capstone
Zones existed at the time of passing of Bylaw 3357/Q-2016 on December 5, 2016, and
amendments thereto;
Cemetery means a use where land is used as a place for the burial of deceased
persons or animals;
5Charitable Distribution Centre means a use where food and goods are collected,
stored, and distributed on a charitable basis. The use may include administrative
offices, volunteer areas, training and education spaces, food production, and limited
client waiting areas. Retail sales to the general public are not permitted, except as an
accessory use for surplus foods produced on Site that may be sold to support the
organization's operations. The use must be
operated by a registered non-profit
organization.
Commercial Entertainment Facility means a
use in a Building that is specifically built or
adapted to provide entertainment to the public;
Commercial School means a use which
provides instruction, training, or certification in
a specific trade, service, skill, or artistic
endeavour;
Commercial Service Facility means a use in
which Commercial services related to the day-to-day needs of customers are
provided. This use may include small animal clinics and small animal grooming;
Communication Facility means a use where radio, television, motion pictures, or
audio performances are produced, recorded, or broadcasted;
Community Garden means a use for a garden plot, or multiple garden plots,
gardened collectively by a group of people;
5 Bylaw 3357/W-2026
Typical examples of Commercial
School can include trade, dance,
music, business, and beauty
schools.
Typical examples of Commercial
Entertainment Facility can include
movie theatres, comedy clubs,
and live theatres.
30
Courtyard means a use for an enclosed, or partially enclosed, semi-private outdoor
space on a Site. A Courtyard facilitates access to greenspace that is sheltered from
wind and noise and may provide a closed off area for children to play;
Crematorium means a use where deceased persons, pets, or companion animals are
incinerated, and the ashes of the deceased are collected;
Cultural Facility means a use for the display,
storage, restoration, or events related to art,
literature, music, history, or science;
Dangerous Goods Occupancy means a use
that, unless otherwise determined by the Development Authority after consultation
with the Fire Chief, includes, but is not limited to, any occupancy where dangerous
goods as defined by the National Fire Code - Alberta Edition, are unloaded, loaded,
stored, processed, or otherwise handled in quantities in excess of the small quantities
exemptions set forth in the National Fire Code - Alberta Edition;
Data Processing Centre means a use to
house computer systems and associated
components for processing data;
Day Care Facility means a use in which the
Principal Use is providing care or supervision for children for less than 24 consecutive
hours in a day. Day Care Facility may include day cares, kindergarten or out-of-school
care;
Detention and Correction Services means a
use for the purpose of holding or confining
and treating or rehabilitating persons;
Drinking Establishment (Adult
Entertainment Permitted) means a use where the Principal Use is the sale of
alcoholic beverages for consumption on the Site and an Accessory Use may include
Adult Entertainment;
Drinking Establishment (Adult Entertainment Prohibited) means a use where the
Principal Use is the sale of alcoholic beverages for consumption on the Site;
Drive-Through means an Accessory Use where services are provided to patrons who
are in a motor vehicle;
Duplex means a use where a Residential Building consists of 2 separate Dwelling
Units, each with their own separate outdoor entrance where:
1 unit is placed over the other in whole or part; or
Typical examples of Cultural
Facility can include art galleries,
libraries, and museums.
Typical examples of Detention and
Correction Services can include
prisons, mental institutions, and
corrections centres.
Typical examples of Data
Processing Centre can include
server farms or blockchain
processing centres.
31
the units are joined side by side or back-to-back and separated by a
common party wall extending from the foundation to the roof;
Eco Industrial Waste Production or Consumption means a use in the Eco Industrial
Park Overlay that either:
produces waste materials, outputs, or by-products that may be used as
inputs for another industrial operation in the Eco Industrial Park Overlay;
or
consumes waste material, outputs, or by-products that are produced by
another industrial operation in the Eco Industrial Park Overlay;
Educational Institution - Primary and Secondary means a use for which the Principal
Use is to provide academic and technical instruction for grades K to 12. This use
includes publicly or privately supported institutions or a combination thereof;
Educational Institution - Post Secondary means a use for which the Principal Use is
to provide publicly funded education, training or instruction for post-secondary
students and includes programs of study in line with the Post-Secondary Learning Act.
This includes typical Accessory Uses for post secondary educational institutions
including student services, student organizations, and student and faculty housing.
This use may include a Commercial School or Commercial Service Facility as an
Accessory Use;
Emergency Services means a use providing police, fire protection, or ambulance
services;
Emergency Shelter means a use that provides
accommodation for people in need of
immediate shelter or short-term
accommodation. An Emergency Shelter may
offer health, education, and other programs and services to clients but does not
provide Residential treatment programs;
Funeral Home means a use which provides for the arrangement of funerals, the
holding of funeral services, and the preparation of deceased persons for burial or
cremation.
Gaming or Gambling Establishment means a
use where games of chance or percentage are
the Principal Use of the Site.
General Contractor Services means a use
used for providing Building construction, land Development, landscaping, concrete,
electrical, excavation, drilling, heating, plumbing, paving, Road construction, sewer or
A typical example of Emergency
Shelter includes an overnight
shelter.
Typical examples of Gaming or
Gambling Establishment includes
bingo halls and casinos.
32
similar services of a construction nature which require Site storage space for
materials, construction equipment or vehicles normally associated with the
contractor service. This use may include Accessory Uses such as a show room, office
space, or retail sales to the Principal Use;
Government Services means a use for which
the Principal Use is to provide municipal,
provincial or federal government services to
the public;
Greenhouse means a use in a Building for the propagation, storage and sale of plants,
and may include the sale of products used for landscaping purposes;
Health and Medical Services means a use that provides services that are regulated
under the Health Professions Act, related to the physical or mental health and well-
being of individuals;
Home Occupation Major means a use where a business is located on a Residential
Site that may have more than 1 business associated visit at a time. The business must
be secondary to the Residential use of the Site and must be operated by a resident of
the Site. The business may be used as a workplace by non-residents. This use includes
a Bed and Breakfast;
Home Occupation Minor means a use where a business is located on a Residential
Site that does not have more than 1 business associated visit at a time. The business
must be secondary to the Residential use of the Site and must be operated by a
resident of the Site. The business may not be used as a workplace by non-residents;
Hospital means a use for both inpatient and outpatient medical care that may include
long-term and short-term care, overnight stays, diagnostic, laboratory, and surgical
services for the treatment of human illness, injury, and disease;
Hostel means a use for short term lodging for travellers, consisting mainly of dorm
style accommodations, shared kitchens and common areas;
Hotel means a use providing temporary sleeping accommodation in rooms or suites,
other than Dwelling Units;
House means a use where a free-standing Residential Building is constructed on the
Site on a permanent foundation and contains 1 Dwelling Unit, or a Dwelling Unit and
a House Suite;
Typical examples of Government
Services include taxation and
employment offices, courthouses,
and post offices.
33
6House Suite means a use consisting of a Dwelling Unit located within, and accessory
to, a principal Dwelling Unit in the same Building;
Indoor Recreation Facility means a use in which a Building is used for athletic,
recreation, or leisure activities. This use may include outdoor sports fields on the
same Site;
Industrial Operations means a use for which the Principal Use is 1 of the following:
processing of raw or finished materials;
manufacturing or assembling of any article;
servicing or repair of any Industrial article;
distribution of articles to institutions, or industrial and commercial
business for their direct use;
rental of Industrial equipment;
Industrial or Commercial Training Facility means a use that provides the training of
personnel in Commercial businesses or Industrial Operations;
Information Service Provider means a use
where services, expertise, or access to
information is provided to the general public
without appointment;
Late Night Club means a use where the primary purpose of which is to host late night
events;
Lease Bay Building means a use where an individual Building is designed to allow
multiple businesses, each occupying 1 or more bays in a condominium or leasehold
tenure arrangement;
Liquor, Beer, and Wine Sales means a use
where prepackaged alcoholic beverages are
sold for consumption off the Site and that is
licensed by the Alberta Gaming and Liquor
Commission;
Low Impact Commercial Use means a use conducting Merchandise Sales and Rentals,
a Commercial Service Facility, Commercial services, or the operation of an Office from
a House in a Residential Zone in a manner which does not adversely affect Adjacent
Residential uses;
6 3357/ZZ-2024
A typical example of Information
Service Provider includes a
tourism information centre.
Typical examples of Liquor, Beer,
and Wine Sales include specialty
wine stores, liquor stores, or off-
sale outlets.
34
Machinery Sales means a use for the retail sale, service, and rental of new or used
commercial, industrial, and agricultural vehicles and equipment;
Manufactured Home means a use where a Building containing 1 Dwelling Unit
suitable for long-term occupancy, designed to be moveable, and arriving at a Site
ready for occupancy except for incidental operations such as placement on
foundation supports and connection to Utilities;
Manufactured Home Park means a use where a Site under 1 title which is divided
into Manufactured Home Lots;
Manufacture Home Sales means a use for which the Principal Use is the sale of
Manufactured Homes;
Merchandise Sales and Rentals means a use for the sale, rental, service, repair or
combination thereof of goods within a Building for use or consumption by the public;
Microbrewery means a use where the small-
scale production and packaging of alcoholic
and non-alcoholic beverages takes place and
includes distribution, retail or wholesale, on or
off the Site, and includes at least 1 of the following: tasting room, Drinking
Establishment or Restaurant;
Mixed-Use Building means a use where a Building contains Dwelling Units and
Commercial uses;
Motor Vehicle Sales, Service, or Repair means a use for the sales, servicing and repair
of motor vehicles, Recreational Vehicles, or Trailers, including car washes;
Off Leash Dog Park means a use where public space is marked by Signs or other
methods where dogs are allowed to exercise or play without leash, but under
supervision.
Oilfield Support Services means a use that
provides cleaning, servicing, repairing or
testing of materials, goods and equipment
normally associated with the oil and gas
industry and may include the storage or
transhipping of such materials, goods and
equipment, including petrochemical products
and supplies;
Open Space means a use where picnic areas, facilities, and playgrounds or tot lots are
available for use by the public;
Typical examples of Oilfield
Support Services include seismic
and surveying, well servicing,
oilfield haulers, pipeline
contractors, and welding
operations.
A typical example of
Microbrewery includes a micro-
distillery.
35
Outdoor Display or Sale of Goods means a use for the display of goods for sale, but
does not include the sale or display of goods by licensed hawkers;
Outdoor Recreation Facility means a use
providing sports and culture facilities which
are available to the public for sports and
active recreation conducted outdoors;
Outdoor Storage means a use for the storage
of goods or materials outside of a Principal
Building on the Site or, where there is no
Principal Building, the Site is used as a storage Yard;
Parking Lot means a use where an area is dedicated for motor vehicles to be parked
that may be accessory to, or independent of, another use on the same Site;
Parking Structure means a use for Parking in a multi-tiered Building that may be
accessory to, or independent of, any other use on the same Site;
Professional Office means a use that provides professional, managerial,
administrative, business support or consulting services. This use may have minimal
retail activity incidental to the Principal Use;
Public Assembly means a use for public
gatherings and assemblies. This use includes
assembly areas used for religious, community,
or social activities;
Recycling Depot means a use for the
collection and temporary storage of recyclable material including bottles, cans,
newspapers, and similar Household goods. A Recycling Depot may include the
supplementary production and sale of by-products or materials;
Restaurant means a use where the primary use of the facility is the sale of prepared
foods and beverages to the public, for consumption within the Site or off the Site. A
Restaurant typically has a varied menu, with a fully equipped kitchen and preparation
area, and includes fast food and family Restaurants;
Secured Facility means a use providing Residential accommodation which require
increased levels of service and a Building with enhanced safety and security controls;
Security Suite means a Dwelling Unit provided as an Accessory Use for the purpose of
providing surveillance for the maintenance and safety of the Development on the
Site;
Typical examples of Outdoor
Recreation Facility include golf
courses, ski hills, sports fields,
boating facilities, outdoor
swimming pools, riding stables,
and fitness trails.
Typical examples of Public
Assembly include places of
worship, community centres,
auditoriums, and convention
centres.
36
Self-Storage Facility means a use where separate, secured indoor storage units are
designed for the public to have private storage of personal items;
Service Organization means a nonprofit or not-for-profit organization related to an
Educational Institution - Post Secondary's programs, or serving its students, faculty, or
staff;
Service Station means a use where flammable or combustible liquids are put into the
fuel tanks of vehicles, and includes self-service outlets, electric, or alternate energy
charging for vehicles;
Shopping Centre means a Commercial multi-unit Development comprised of multiple
Buildings on a single Site. This use may include a mix of single occupant Buildings and
Lease Bay Buildings;
Show Home means a use where a Building or part of a Building is temporarily used to
exhibit a space for sale, rent, or a prize in a raffle or lottery, and may be used as a
sales office;
Specialty Food Services means use where
limited types of prepared foods and
beverages are offered for sale to the public,
for consumption within the Site or off the
Site. Specialty Food Services may include
packaging, bottling, or shipping of the products made as part of the use.
Supervised Consumption Services means a use where, pursuant to an exemption
granted for medical purposes by the federal government, a person may consume a
controlled substance that was obtained in a manner not authorized under the
Controlled Drugs and Substances Act in a supervised and controlled environment;
Supporting Sales means a use where the sale of product produced and packaged on
the Site is accessory to the Principal Use on the Site;
Supportive Living Accommodation means a use that is intended for the permanent
Residential living where an operator also provides or arranges for on the Site services
to assist residents to live independently or to assist residents requiring full-time care;
Targeted Grazing means a use for the temporary placement of livestock on a Site as a
form of low impact vegetation control. This use may include temporary fencing;
Temporary Building means a use where a Building without any foundation below
Grade is used on a temporary basis, and may include a Shipping Container;
Typical examples of Specialty Food
Services include cafes, bakeries,
and butcher shops.
37
Temporary Care Facility means a use
providing temporary living accommodations
in addition to services for professional care,
supervision, and health treatment.
Temporary Use means a use which may
remain in place for a limited time, conforms to the general purpose of the Zone, does
not unduly interfere with amenities of the neighbourhood or materially interfere with
or affect the use, enjoyment or value of neighbouring parcels of land;
7Townhouse means a Residential Building containing 3 or more Dwelling Units
arranged in any horizontal or vertical configuration, each with their own separate
entrance to Grade. This use includes row houses, stacked row houses, triplexes, and
fourplexes;
Transportation Services means a use using
vehicles to transport people, currency,
documents, and packages;
Utilities means public utilities as defined in
Part 17 of the Act, with the exceptions of a waste management and
telecommunications;
Utility Facility means a use for the operation, maintenance or administration of
water, gas, waste, electrical services or energy transmission, or a facility within a
railway right of way. This use may include an Alternate or Renewable Energy Facility;
Warehouse means a use for the indoor storage of goods or merchandise;
Waste Management Facility means a use for
the storage, processing, treatment, and
disposal of solid waste;
Wastewater Treatment Plant means a
Wastewater Treatment Plant as defined in
the Matters Related to Subdivision and
Development Regulation, as amended.
7 3357/SS-2024
Typical examples of Temporary
Care Facility include short-term
rehabilitation centres for
substance abuse, and
detoxification centres.
Typical examples of
Transportation Services include
bus lines, transit services,
taxicabs, limousine services, and
courier services.
Typical examples of Waste
Management Facility include
sanitary Landfills, waste transfer
and compacting stations, waste-
to-energy stations, facilities for
the recycling of materials, and
snow dump sites.
38
1.70
Sign Definitions
1.70.1
Where examples or graphics are used in definitions, they are meant to
explain the definition and are not meant to limit the scope of the definition
in any way.
1.70.2
In this Bylaw, unless context otherwise requires:
Accessory Tenant is a business that uses land, a Building, or part of a Building from
the principal business on a Site;
Architectural Feature is an exterior characteristic of a Building including brackets,
columns, pilasters, doors, window and door surrounds, Projections, cornices,
pediments and balustrade, architectural hardware, or similar features, as well as
paints, finishes and colours;
Billboard Sign means a Permanent Sign that is not
attached to another Building where content is allowed
for periodic replacement. Billboard Signs can contain
Third Party Advertising and do not include a dynamic
component or electronic messaging;
Building Sign is a Sign attached to or connected to,
inscribed, marked, or painted onto the Façade or
outside surface, including windows, of a Building.
Building Signs must not include a Dynamic or an
Electronic Message. The following Signs are types of Building Signs:
Awning or Canopy Sign is a lightweight Sign that
is entirely supported from a Building by a fixed or
retractable frame;
Example of a Billboard
Sign
Example of an Awning
or Canopy Sign
39
Fascia Sign is a Sign that runs parallel to the
Building Façade where it is displayed or attached,
but does not include a Painted Wall Sign or a
Permanent Window Sign;
Identification Sign is a Sign that identifies, by
name or symbol, the Building or Site where the
Sign is placed. Information may include the name,
address, and number of the Building;
Painted Wall Sign is a Sign that is painted,
inscribed, or marked directly on a Building Façade;
Permanent Window Sign is a Sign which is
permanently posted, painted on, attached to, or
placed in or on a window or otherwise exposed so
it is visible from the outside of the Building;
Projecting Sign is a Sign which projects or hangs
from a Building. It may be perpendicular or
parallel to a Façade;
Example of a Fascia
Sign
Example of a Painted
Wall Sign
Example of a
Permanent Window
Sign
Example of a Projecting
Sign
40
Community Bulletin Board Sign is a Sign used to post community information and
event notices;
Copy means all logos, letters, numbers, graphics or
characters on a Sign;
Copy Area means the area, measured in square metres,
that encompasses all the Copy on a Sign, excluding the
structure that supports the Sign;
Developing Community means land, undergoing a
transition from a rural use to an urban use or
redevelopment by way of, but not limited to, the
installation of new Utilities, Roads, public amenities, allocation of Residential,
Commercial, or Industrial land uses until such time the land is developed, as
determined by the Development Authority;
Dynamic means components of a Sign that move or appear
to move or change, and includes any display that
incorporates a technology or method allowing the image
on the Copy Area to change such as rotating panels, LED
lights manipulated through digital input, laser projection,
or digital ink;
Dynamic Fascia Sign is a Fascia Sign with features that
move or appear to move or change and includes any
display that incorporates a technology or method allowing
the image on the Sign Area to change such as rotating
panels, LED lights manipulated through digital input, or
digital ink. Dynamic Fascia Signs must not display videos;
Dynamic Freestanding Sign is a Freestanding Sign with
features that move or appear to move or change and
includes any display that incorporates a technology or
method allowing the image on the Copy Area to change
such as rotating panels, LED lights manipulated through
digital input, or digital ink. Dynamic Freestanding Signs
must not display videos;
Dynamic Sign is a general term to describe Dynamic Fascia
Signs and Dynamic Freestanding Signs;
Example of Copy
Example of a
Dynamic Fascia Sign
Example of a
Dynamic
Freestanding Sign
41
Electronic Message means alpha-numeric text, scrolling text, or characters that
change through electronically controlled changing lights or digital programming.
Electronic Messages must not have any other Dynamic components, or display videos
or images;
Electronic Message Fascia Sign is a Fascia Sign with a
part of it that displays text, scrolling text, or
characters, through electronically controlled changing
lights or digital programming. Electronic Message
Fascia Signs must not display videos;
Electronic Message Freestanding Sign is a
Freestanding Sign with a part that displays text,
scrolling text, or characters, through electronically
controlled changing lights or digital programming.
Electronic Message Freestanding Signs must not
display videos;
Electronic Message Sign is a general term to describe
Electronic Message Fascia Signs and Electronic
Message Freestanding Sign;
Façade means the side of a Building below the eaves,
generally on the side of a Building facing a Road
exposed to public view;
Example of an Electronic
Message Fascia Sign
Example of an Electronic
Message Freestanding
Sign
Example of a Façade
42
First Party Advertising means Copy that promotes goods, services, or activities
available on the Site where the Sign is located;
Freestanding Sign is a Sign that has independent
supports placed in the ground that is not part of
another Building;
Ground Sign means a general term to describe
Permanent Signs that are not affixed, plastered, etc. on
Buildings. Examples of Ground Signs include
Freestanding Signs, or Neighbourhood Identification
Signs;
Identification Sign is a Sign that identifies the occupant,
business or the Site by name, symbol, or logo. It may include the name, number, and
address of the Building, institution, or person, but may not include any additional
advertising content;
Illumination or Illuminated means the use of artificial light to:
reflect off the surface of a Sign (external Illumination); or
project through the surface of a Sign (internal Illumination); or
project from behind the surface of a Sign (backlit).
Incidental Sign is a Sign, typically inside the Site, used to inform the public about
facilities or services on the Site. Incidental Signs may include Signs for restrooms,
hours of operation (including open and closed Signs), acceptable credit cards, and
advertising on gas pumps or recycling containers;
Interpretive Sign means a Sign used to inform and educate the public of a Site's
heritage, cultural, or environmental significance;
Multi-Tenant means 2 or more businesses or Residential units within a complex that
either share a common Parking area, or that occupy a single Building or separate
Buildings that are physically or functionally related;
Mural is a piece of art that is painted or otherwise applied to the Façade or other
integral part of a Building. A Mural is not a Sign because it is for public display only
and may not include advertising;
Example of a
Freestanding Sign
43
Neighbourhood Identification Sign means a Sign
that identifies the name of a neighbourhood and
may contain a logo, symbol or map which is related
to the community name;
Permanent Directional Sign is a Sign used to
identify the distance or direction to a place of
business or other Sites indicated on the Sign;
Permanent Sign is a Sign that is permanently
fastened to a Building or ground and intended to
exist indefinitely at the Site;
Property Management Sign is a Sign that identifies the party or agent responsible for
the management of the Site and any sales, leasing, or rental information;
Recreation Sponsor Sign means a Sign on sports field fencing, an Accessory Building,
or a structure such as dugouts, bleachers, or media towers, that advertises the
sponsor's business, or the event or team being sponsored;
Sign is a visual tool, including its structure that communicates using words, numbers,
pictures, graphics, or logos to:
attract attention or convey information; or
provide direction; or
promote a product, business, activity, service, or idea.
Sign Area means the entire surface area of a Sign on which advertising copy could be
placed and includes any frame or embellishment which forms an integral part of the
display but does not include landscaping;
Sign Depth is the thickness of the Sign Area or Projection measured from the front of
the Sign to the back or backing of the Sign;
Sign Height is the vertical height of the Sign measured from the ground to the top of
the Sign;
Sign Structure is the supporting structure of a Sign, such as a single pole, Sign frame,
or Façade, or an integral part of a Building;
Sign Width is the width of the Sign, including any frame or embellishment which
forms an integral part of the display, measured from 1 side of the Sign to the other at
the point of greatest horizontal distance;
Example of a
Neighbourhood
Identification Sign
44
Sponsor Recognition means the recognition of a corporation, person or other entity
which has donated money, goods or services related to the Site where the Sign is
located or which has entered into an agreement to pay money in exchange for public
recognition of the contribution, which recognition may consist of 1 or more of the
following on the Sign: an expression of thanks, the sponsor's name, brand, logo,
tagline, website information or phone numbers;
Temporary Sign is a Sign that is not intended to be permanent and is allowed for a
limited time by the applicable regulations. The following are Temporary Signs:
Banner Sign is a Sign made out of lightweight
material, which may be enclosed in a rigid frame
and secured or mounted to allow movement
caused by the wind;
Construction Sign is a Sign used to identify a
construction project, owner, general contractor,
sub-trades, architect, engineers, and others
associated with the design, planning, and
Development of a project under construction;
Election Sign is a Sign used to promote a
candidate, position, or party during a municipal,
school board, provincial or federal election or a
referendum or plebiscite;
Example of a Banner
Sign
Example of a
Construction Sign
Example of an Election
Sign
45
Flag Sign is a Sign that is made of lightweight,
flexible material attached to a freestanding pole
or to a structure placed in or on the ground. It
may have 1 or 2 sides of Copy;
Future Development Sign is a Sign used to
identify a new community identified in a
Neighbourhood Area Structure Plan, and the
developers or builders associated with the
project. It may include information on the
amenities, design, staging, and timing of the proposed Development;
Portable Sign is a flat, easily movable Sign with
independent supports. It may have 1 or 2 sides of
Copy;
Real Estate Sign is a Sign that advertises real
estate that is "for sale", "for lease", "for rent", or
"sold", or an "open house";
Show Home Sign is a Sign that advertises the
Building as a Show Home or a prize in a raffle or
contest;
8Sidewalk Sign is a small self-supporting sign set
on or in the ground and includes A-shaped or
sandwich board Signs and signs advertising
Garage Sales;
Special Event Sign is a Sign that advertises a
temporary event, like the farmers market,
exhibition, fair, carnival, festival, a recreational
competition, or other similar event or activity for
which a Special Events permit is issued by The City;
Temporary Directional Sign is a temporary Sign used to identify the location of
a Show Home, Developing Community, or provide a means to reach a
destination;
Temporary Window Sign is a Sign temporarily posted, painted on, attached to,
or placed in or on a window or otherwise exposed so it is visible from the
outside of the Building;
8 3357/SS-2024
Example of a Flag Sign
Example of a Portable
Sign
Example of a Sidewalk
Sign
46
Third Party Advertising means Copy that promotes goods, products, services, or
activities not sold, produced, or offered on the Site where the Sign is located. This
does not include the name of a sponsor on Signs on a Building;
Window Area includes all contiguous panels of glass, including panes of glass that
would be contiguous if not separated by mullions (the bars between panes of glass).
47
1.80
Establishment of Zones
1.80.1
The land use Zones within The City include the following:
Short Code
Zone Name
A-1
Future Urban Development Zone
A-2
Environmental Preservation Zone
C-1
City Centre Commercial Zone
C-1A
City Centre West Commercial Zone
C-2
Multi-Neighbourhood Commercial Zone
C-3
Neighbourhood Commercial Zone
C-4
Major Arterial Commercial Zone
C-5
Mixed-Use Commercial Zone
CAP-C
Capstone Commercial Zone
CAP-PR
Capstone Primarily Residential Zone
CAP-TD
Capstone Taylor Drive Zone
DC
Direct Control Zone
I-1
Industrial Business Service Zone
I-2
Heavy Industrial Zone
I-C
Industrial Commercial (Mixed-Use) Zone
P-1
Parks and Recreation Zone
PS
Public Service (Institutional or Government) Zone
PS-I
Post-Secondary Institution Zone
PS-R
Public Service Residential Zone
R-A
Residential Acreage Zone
R-D
Residential Duplex Zone
R-H
Residential High-Density Zone
R-L
Residential Low-Density Zone
48
R-M
Residential Medium-Density Zone
R-MH
Residential Manufactured Home Zone
R-N
Residential Narrow Lot Zone
R-SMU
Residential Small-Scale Mixed-Use Zone
R-W
Residential Wide Zone
1.80.2
The following zoning modifiers may qualify, or limit uses or regulations in a
land use Zone:
Short Code
Zoning Modifier Name
D
Density Zoning Modifier
HP
Historical Preservation Zoning Modifier
HS
Historical Significance Zoning Modifier
V
Vertical Height Zoning Modifier
1.90
Establishment of Direct Control Zones
1.90.1
Direct Control Zones are established to allow for Developments which
require specific regulations unavailable in other land use Zones.
1.90.2
9Council may delegate the decision on Development Permit applications to
the Development Authority.
1.100
Land Use Zone Boundaries
1.100.1
Zone boundaries are shown in the Land Use Zone Maps in Appendix "A".
1.100.2
For Sites on or Adjacent to an escarpment area with more than 1 applicable
Zone, the Boundary between the 1 Zones will be the Crest of the
escarpment.
9 3357/C-2026
49
1.110
Land Uses in Zones
1.110.1
Development within a Zone will be subject to the regulations set out in this
Bylaw for that Zone.
1.110.2
Permitted Uses and Discretionary Uses for a Site are subject to the
limitations and restrictions contained in any statutory plan, such as an area
structure plan or an area redevelopment plan, that applies to the Site.
1.110.3
Uses are mutually exclusive, meaning the Development Authority must
determine what use definition applies to a particular use.
1.110.4
Despite subsection 1.110.3, uses listed in Direct Control (DC) Zones or
under Part 13 Site Exceptions do not create new use categories that would
affect use definitions applicable in other Zones.
50
Part 2 Development Process & Administration
2.10
Development Officer
2.10.1
The City Manager must appoint 1 or more Development Officers.
2.10.2
The Municipal Planning Commission may act in place of a Development
Officer.
2.20
Permission Required for Development
2.20.1
Except as outlined in subsection 2.30.1, no Development will commence
unless a Development Permit was issued.
2.20.2
No clearing or grading on a Site larger than 1 hectare will occur without:
2.20.2.1
a clearing and grading permit issued by the Development
Authority; or
2.20.2.2
a signed development agreement with The City affecting the Site
and containing provisions on the Site's preparation.
2.20.3
Clearing and grading operations must conform with The City's Engineering
Design Guidelines, as amended.
2.20.4
Except for Sites under DC(32) (Direct Control Zone No. 32), applications for
Development in an escarpment area, as identified in the Land Use
Constraints Maps in Appendix A, must be considered per section 2.70.
2.30
Developments Not Needing a Development Permit
2.30.1
The following Developments, provided they otherwise comply with this
Bylaw and are not located within an escarpment area or under Direct
Control Zone No. 32 (DC(32)) Zoning, do not require a Development Permit:
2.30.1.1
the Temporary Use of a Building in connection with a federal,
provincial, or municipal election, census, or referendum;
2.30.1.2
the demolition or relocation of a Building, where a Development
Permit was issued for a new Development on the same Site and
the demolition or relocation of the existing Building or structure is
implicit in that Development Permit;
51
2.30.1.3
the construction and maintenance of transit shelters, Roads, lanes,
or parks;
2.30.1.4
Temporary Buildings erected in connection with the construction,
marketing, or alteration of an approved Development;
2.30.1.5
Temporary Buildings erected pursuant to an approved special
event permit as identified on said permit;
2.30.1.6
Temporary Buildings erected for 7 days or less;
2.30.1.7
the temporary storage of construction material on a Site near or
Adjacent to a Site upon which a Building is being erected or
altered;
2.30.1.8
the construction of patios and Decks provided they are not
covered by a roof;
2.30.1.9
10the construction of a fence.
2.30.1.10
landscaping, where the existing Grade and natural surface
drainage pattern is not materially altered, except where the
landscaping forms part of a Development requiring a Development
Permit;
2.30.1.11
outdoor recreation amenities that are devoted to the communal
use of residents living on the Site, including but not limited to
above ground pools, hot tubs, backyard skating rinks, play
structures, putting greens, or tennis courts;
2.30.1.12
internal alterations and maintenance, or repair to any Building
provided the use, intensity, height, or floor area of the Building
does not change;
2.30.1.13
Site grading in accordance with an executed development
agreement;
2.30.1.14
minor structures not exceeding 1.8m in height which are accessory
to Residential uses, such as barbeques, tents for camping, dog
houses, lawn sculptures, bird feeders, or raised planting beds;
2.30.1.15
Accessory Buildings within a Residential Zone with a Floor Area of
10.0m2 or less and a height of 2.8m or less, including garden sheds
10 3357/C-2026
52
workshops, and potting sheds, provided they are movable and
comply with the regulations in this Bylaw;
2.30.1.16
the basement Development of any Residential Dwelling Unit in
respect of which a Development Permit has been issued including,
but not limited to, the number or placement of basement
windows. This excludes House Suites;
2.30.1.17
a Home Occupation Minor that does not generate any business
associated visits, such as a drop-offs, pick-ups, deliveries, and visits
from customers or consultants;
2.30.1.18
the Outdoor Display or Sale of Goods where the area:
2.30.1.18.1
does not extend further than 4.5m from the front of a
Building;
2.30.1.18.2
is on private property in a C-1, C-1A, C-2, C-4, and C-5
Commercial Zone, or on an approved DC Site;
2.30.1.18.3
contains goods displayed:
2.30.1.18.3.1
in an orderly fashion; and
2.30.1.18.3.2
in a way that does not impede
pedestrian or vehicle traffic;
2.30.1.19
Development undertaken by The City for repairs and general
upkeep on Public Property in the P-1 and A-2 Zones, including
picnic areas, play structures, outdoor furniture, playgrounds, or tot
lots, but not including any Development requiring tree removal;
2.30.1.20
Targeted Grazing on City owned lands, including lands within an
escarpment area or Direct Control Zone No. 32 (DC(32)), which is
carried on by, or on behalf of, The City;
2.30.1.21
11In the C-1 Zone, except where the change of use involves a
Dwelling Unit, a change of use of a Building or part of a Building
from one Permitted Use to another Permitted Use does not
require a Development Permit provided that:
2.30.1.21.1
the uses are similar;
2.30.1.21.2
there is no increase in the intensity of use of the Site or
Building; and
11 3357/C-2026
53
2.30.1.21.3
the change of use does not require a variance.
2.30.1.22
Signs as outlined in section 5.30;
2.30.1.23
minor exterior renovations to a Residential Building including
changes in material, the addition of windows or doors, or changes
to existing windows or doors;
2.30.1.24
solar panels that are on the roof of a Building only and do not
project beyond the eaves of the Building.
2.30.1.25
12covered Decks provided that all other regulations required under
the Bylaw are met.
2.30.1.26
13Day Cares caring for six or less children operating in conjunction
with a residential use.
2.30.1.27
14Excavation, Stripping, and Grading provided that:
2.30.1.27.1
it is part of a Development where there is a
Development Permit;
2.30.1.27.2
it is part of a Development that does not need a
Development Permit under section 2.30.1;
2.30.1.27.3
there is a signed development agreement with the City
for the Site that contemplates the Excavation, Stripping,
and Grading; or
2.30.1.27.4
it is for the purpose of bringing a site back into
compliance with previously approved grading.
2.40
Development Permit Applications
2.40.1
Development Permit applications must be made on an application form
prescribed by the City Manager and completed to the Development
Officer's satisfaction.
12 3357/SS-2024
13 3357/SS-2024
14 3357/R-2026
54
2.40.2
An application is complete if the Development Officer determines that it
contains the documents and other information necessary to review the
application as outlined in section 2.40.
2.40.3
The Development Officer determines the number of paper, electronic
copies, or both required for a complete application.
2.40.4
Despite subsection 2.50.5, an incomplete application may be accepted if
the Development Officer is satisfied that a decision can be made without all
of the documentation and information required in subsection 2.40.5.
2.40.5
A Development Permit application must include:
2.40.5.1
signed authorization of the landowner of the Site;
2.40.5.2
at the discretion of the Development Officer, a copy of the
Certificate of Title for the subject Site dated within 30 days of the
application date, and copies of any caveats or instruments
registered in favour of The City;
2.40.5.3
the appropriate fees;
2.40.5.4
for a Principal Building:
2.40.5.4.1
a comprehensive Site Plan which must include:
2.40.5.4.1.1
the legal description and civic address of
the Site;
2.40.5.4.1.2
North arrow, scale, revision history and
date of drawing, dimensions shown in
metric of Site and measurements to the
Boundary for all existing and proposed
Buildings and changes;
2.40.5.4.1.3
easements and right of ways affecting
the Site;
2.40.5.4.1.4
proposed improvements to all parts of
the Site, including loading facilities,
Parking, fences, Walkways, screening,
retaining walls, waste and recycling
containers;
2.40.5.4.1.5
Abutting streets, lanes, highways and
Roads, right of ways, and any existing or
future access to the Development;
55
2.40.5.4.1.6
existing and proposed Utilities,
Sidewalks, trails, and curbs;
2.40.5.4.1.7
proposed Site Grades, with contours;
2.40.5.4.1.8
all water bodies, drainage courses, and
flood risk areas on or Abutting the Site
as well as high water marks and arrows
indicating the direction of water flow;
2.40.5.4.1.9
active or suspended oil or gas
Development on or within 25.0m of the
Site Boundary; and
2.40.5.4.1.10
unless previously submitted to the
Development Authority or Subdivision
Authority during the last 12 months for
any proposed Building or addition
greater than 47.0m2, information from
the Alberta Energy Regulator identifying
the locations of, or confirming the
absence of, any abandoned oil or gas
wells on or within 25.0m of the Site
Boundary.
2.40.5.4.2
a landscaping plan, except for Residential
Developments of 5-units or less, with:
2.40.5.4.2.1
the name of the project or applicant;
2.40.5.4.2.2
the name and endorsement stamp of a
landscape professional;
2.40.5.4.2.3
a north arrow, plan scale, and the legal
and civic address;
2.40.5.4.2.4
identification of any existing and
proposed surface Parking, Outdoor
Storage areas, Driveways, and Buildings;
2.40.5.4.2.5
all other physical features existing or
proposed, including but not limited to
berms, walls, fences, Signs, outdoor
furnishings, decorative paving,
streetlights, and hydrants;
56
2.40.5.4.2.6
location of existing and proposed
Utilities, easements, and right of ways. If
landscaping is proposed within Utility
right of ways, the plan must also be
endorsed by all utility companies that
have access to the right of ways,
indicating their approval;
2.40.5.4.2.7
location of existing plant materials and
indication as to whether they are to be
removed or retained;
2.40.5.4.2.8
location of new plant materials scaled
accurately to mature size;
2.40.5.4.2.9
location of any planting beds and
identification of the bedding material;
2.40.5.4.2.10
a table indicating the Landscaped Area
in square meters, percentage of the Site
Area proposed as Landscaped Area, an
outline of the minimum number of trees
and shrubs required to be provided, the
total number of trees and shrubs
provided, and the ratio of proposed
coniferous to deciduous;
2.40.5.4.2.11
a list of plant material including the
plant key or symbol, botanical name,
common name, quantity, planted size
and any special conditions for each
species;
2.40.5.4.2.12
a list of proposed variances, if any; and
2.40.5.4.2.13
any water conservation methods or
strategies employed.
2.40.5.4.3
a Building plan which must include:
2.40.5.4.3.1
floor plans showing proposed uses;
2.40.5.4.3.2
total dimensions of the Site and Site
Buildings coverage calculations;
57
2.40.5.4.3.3
where required to determine Parking
requirements, the allocation of floor
space for different uses;
2.40.5.4.3.4
patios, steps, porches, Decks,
playgrounds, Amenity Space and Open
Space areas, and other similar features;
2.40.5.4.3.5
for a Manufactured Home Park or
multiple unit projects, proposed unit
locations, number of units, and Amenity
Space in the overall Development area;
2.40.5.4.3.6
cross sections; and
2.40.5.4.3.7
foundation plans.
2.40.5.4.4
a Building elevation plan which must include:
2.40.5.4.4.1
colour renderings of each facade of the
Buildings;
2.40.5.4.4.2
description of exterior finishing
materials;
2.40.5.4.4.3
Building Height and number of storeys;
and
2.40.5.4.4.4
For applications in Capstone, the
Building elevation plan must also include
the layout, features, and materials of the
Edge Zones.
2.40.5.5
for a Temporary Use, a Site Plan that includes the same
requirements as identified in subsection 2.40.5.4.1;
2.40.5.6
for an Accessory Building:
2.40.5.6.1
a Site Plan that includes the same requirements as
identified in subsection 2.40.5.4.1;
2.40.5.6.2
a Building elevation plan that includes the same
requirements as identified in subsection 2.40.5.4.4.
2.40.5.7
for a change of use:
2.40.5.7.1
a comprehensive Site Plan that includes the same
requirements as identified in subsection 2.40.5.4.1;
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2.40.5.7.2
a Building elevation plan that includes the same
requirements as identified in subsection 2.40.5.4.4;
2.40.5.7.3
a floor plan showing the location of the proposed use.
2.40.5.8
in addition to the foregoing, for Townhouses, Apartments,
Manufactured Homes, Commercial Developments, and Industrial
Developments:
2.40.5.8.1
proposed on the Site Parking and loading facilities
including location and dimensions of all aisles, the
dimensions and number of all Parking spaces,
identification of accessible Parking, pedestrian access
and Walkways, and curbing and location of any lighting;
2.40.5.8.2
location and elevations for proposed waste and
recycling containers, as well as collection routes;
2.40.5.8.3
location of existing and proposed transit stops;
2.40.5.8.4
in the case of the Development of a Site with multiple
uses, a master plan and preliminary engineering plan
for the entire Site;
2.40.5.8.5
a lighting plan for all outdoor Parking showing location
of all light poles, Illumination levels, aiming direction
and angle of light source;
2.40.5.8.6
for a large-scale Development, unless sufficient
information is otherwise provided, a traffic impact
analysis stamped by a professional engineer, or a
registered professional technologist accredited by the
Association of Professional Engineers and Geoscientists
of Alberta (APEGA).
2.40.5.8.7
for the purpose of subsection 2.40.5.8.6, a large-scale
Development is one that:
2.40.5.8.7.1
regularly generates more than 100 trips
in the peak hour; or
2.40.5.8.7.2
because of its nature or unique
circumstances may have unusual impact
on traffic in the area.
2.40.5.9
in addition, every application for a Development Permit:
59
2.40.5.9.1
if in a Historical Preservation Overlay or Historical
Significance Overlay, will receive a recommendation
from the City, or the Minister responsible for the
Historical Resources Act, as the case may be;
2.40.5.9.2
if Abutting a Historical Preservation Overlay or
Historical Significance Overlay, will be accompanied by
a recommendation from The City;
2.40.5.9.3
if in an area subject to a Character Statement:
2.40.5.9.3.1
must include a letter of intent
addressing how the proposed
redevelopment is compatible with the
Immediate Road Context as identified in
the Character Statement; and
2.40.5.9.3.2
a tree preservation plan, if required.
2.40.5.9.4
in an area subject to the Developed Areas Regulations
requirements:
2.40.5.9.4.1
in addition to the landscaping plan
requirements in subsection 2.40.5.4.2,
includes identification of the location of
all existing Adjacent City owned trees
and shrubs.
2.40.5.9.5
if the proposed Development is for Lot 1, Block 1, Plan
012 0303 and the remainder of Section 5, Township 38,
Range 27, West of the 4th Meridian (known as Red
Deer College):
2.40.5.9.5.1
must include a letter of intent
addressing how the proposed
Development will meet the specific
general purpose for the Site, as
prescribed in subsections 9.50.1 and
9.50.2 of the PS-I Post-Secondary
Institution Zone.
2.40.5.10
and such additional information as may be required by the
Development Authority to assess or evaluate the proposed
Development, including:
2.40.5.10.1
a real property Report;
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2.40.5.10.2
a geotechnical Report;
2.40.5.10.3
a Parking assessment;
2.40.5.10.4
a biophysical or environmental Site assessment;
2.40.5.10.5
a groundwater Report;
2.40.5.10.6
a flood hazard mapping study;
2.40.5.10.7
a noise attenuation study;
2.40.5.10.8
a reclamation plan;
2.40.5.10.9
a wetland conservation plan;
2.40.5.10.10
a tree preservation plan;
2.40.5.10.11
a walkability study;
2.40.5.10.12
a landscape plan;
2.40.5.10.13
a topographical survey;
2.40.5.10.14
a Site grading or drainage plan;
2.40.5.10.15
a Site servicing plan;
2.40.5.10.16
a risk assessment Report;
2.40.5.10.17
an erosion or sediment control plan; and
2.40.5.10.18
any other Report, study, plan, or information.
2.40.5.11
in addition to the foregoing, a Development Permit application for
a Cannabis Retail Sales use must include:
2.40.5.11.1
a Site Plan illustrating the location and separation
distances from the proposed Cannabis Retail Sales use
to those uses identified in subsection 4.60.4;
2.40.5.11.2
a Site Plan illustrating compliance with applicable
provincial Setbacks; and
2.40.5.11.3
written confirmation from the Alberta Gaming and
Liquor Commission the applicant has satisfied Alberta
Gaming and Liquor Commission eligibility requirements
to sell Cannabis in Alberta.
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2.40.5.12
in addition to the foregoing, a Development Permit application for
a Home Occupation Minor or a Home Occupation Major must
include:
2.40.5.12.1
a description of the business;
2.40.5.12.2
hours of operation;
2.40.5.12.3
the anticipated number of daily business associated
visits, such as drop-offs, pick-ups, deliveries, and visits
from customers or consultants; and
2.40.5.12.4
indication if more than 1 business associated visit will
occur at a time.
2.40.5.13
in addition to the foregoing, a Development Permit application for
a Home Occupation Major must include Parking details.
2.40.6
All Development Permit applications within Developed Areas must be
accompanied by the following:
2.40.6.1
a sketch or photograph showing the location of side windows of
the Dwelling Units on Abutting side Sites;
2.40.6.2
proposed Building demolition, if applicable; and
2.40.6.3
a drawing displaying utility and grading information in accordance
with the Engineering Design Guidelines.
2.40.7
An application for a Development Permit to redevelop in a Character
Statement area must include a letter of intent addressing how the proposal
is sensitive to the Immediate Road Context.
2.40.8
An application for a Development Permit for Development subject to the
Eco Industrial Park Overlay must be accompanied by the following
information specifically related to eco-Industrial Development:
2.40.8.1
in-house recycling and composting letter;
2.40.8.2
Green Building Materials list; and
2.40.8.3
any additional information as prescribed by the Development
Authority.
2.40.9
An application for a site-specific exception or site-specific exemption to the
uses or regulations of a Zone must, as part of the application for the
exception, submit a written statement indicating why, in the applicant's
opinion:
62
2.40.9.1
an exception is necessary, and the proposed Development cannot
proceed without an exception;
2.40.9.2
rezoning to another Zone cannot achieve the same result, with or
without variances of this Bylaw; or
2.40.9.3
the exception cannot be addressed by conditions imposed by the
Subdivision Authority or Development Authority.
2.40.10
Prior to an application being considered, the Development Authority may
require the applicant to host a public meeting to ensure information and an
opportunity to comment about the application is provided to the public at
large, where:
2.40.10.1
notice of the meeting will be provided by The City, at the
applicant's cost, to all landowners within 100m of the Boundary of
the Site.
2.40.10.2
the applicant must provide to the Development Authority a Report
summarizing the nature of the consultation process and the
responses received, identifying any issues raised and discuss how
the applicant proposes to address these issues.
2.40.11
The Development Authority will approve:
2.40.11.1
the Site Plan;
2.40.11.2
the relationship between Buildings and open space;
2.40.11.3
architectural treatment of Buildings;
2.40.11.4
architecture and amount of landscaped open space; and
2.40.11.5
Parking layout.
2.50
Notice of Complete or Incomplete Development Permit
Applications
2.50.1
Within 20 days after receiving an application for a Development Permit, the
Development Officer must determine if the application is complete in that
it contains the documentation and other information necessary to review
the application.
2.50.2
The time period referred to in subsection 2.50.1 may be extended by an
agreement in writing between the applicant and the Development Officer.
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2.50.3
If the Development Officer does not make a determination on
completeness within the time required in subsections 2.50.1 or 2.50.2, the
application is deemed to be complete.
2.50.4
If the Development Officer determines that the application is complete,
they must issue a written acknowledgment to the applicant advising that
the application is complete.
2.50.5
If the Development Officer determines that the application is incomplete,
they must issue a written notice to the applicant advising that the
application is incomplete. The notice must list the documentation and
information required for the application to be considered complete and
specify a date by which they must be submitted to the Development
Officer.
2.50.6
The applicant and the Development Officer may agree, in writing, to a date
later than that provided for in subsection 2.50.5.
2.50.7
Upon receipt of the required documentation and information by the date
set in the notice issued under subsection 2.50.5 or by written agreement
under subsection 2.50.6, the Development Officer must issue a written
acknowledgment to the applicant advising that the application is complete.
2.50.8
Where the required documentation and information is not provided on or
before the set in the notice issued under subsection 2.50.5 or by written
agreement under subsection 2.50.6, the application is deemed to be
refused. The Development Officer must issue a written notice to the
applicant stating that the application is refused and the reasons for the
refusal.
2.50.9
Despite the issuance of a written acknowledgment under subsections
2.50.4 or 2.50.7 that an application is complete, the Development
Authority may request from the applicant additional information or
documentation that the Development Authority considers necessary to
review the application.
2.50.10
A decision must be made on a Development Permit application within 40
days after the applicant receives acknowledgement that the application is
complete under subsections 2.50.4 or 2.50.7, or after the application is
deemed complete under subsection 2.50.3.
2.50.11
The applicant and the development officer may agree, in writing, to extend
the time required under subsection 2.50.10.
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2.50.12
If no decision is made on a Development Permit application within 40 days
after the applicant receives the acknowledgment that the application is
complete, or within any extension of that period under subsection 2.50.11,
the application is, at the option of the applicant, deemed to be refused.
2.60
Crime Prevention Through Environmental Design
2.60.1
Applicants are encouraged to include, in Site Plans for commercial
Buildings, school Buildings, recreational Buildings, places of worship,
Residential Buildings consisting of 3 or more storeys, and parkades, the
following design elements that incorporate Crime Prevention Through
Environmental Design:
2.60.1.1
principles of:
2.60.1.1.1
natural surveillance - design the Site and Buildings,
including the use of lighting and the placing and
selection of landscaping elements, to promote natural
observation and maximize opportunities for people to
observe and be observed from Adjacent space;
2.60.1.1.2
access control - design the Site and Buildings, including
the placing and selection of landscaping elements, to
create a perception of risk physically or subtly to
discourage unauthorized access, clearly indicate public
routes and discourage access to private areas and
structural elements; and
2.60.1.1.3
territorial reinforcements - design landscaping
elements, Sidewalks, lighting, fencing, and Building
features to clearly identify and distinguish between
public and private spaces.
2.70
Applications In Escarpment Areas
2.70.1
For any application for subdivision or Development in an escarpment area,
the Subdivision Authority or Development Authority may impose
conditions in consideration of the purpose of the intended application and
the uniqueness of the Site, including, but not limited to:
2.70.1.1
the applicant providing a Real Property Report during preliminary
construction showing the location of any Development relative to
the Crest of the escarpment;
65
2.70.1.2
slope stability measures, including recommendations from a
Report or requirements specified in a restrictive covenant;
2.70.1.3
providing emergency access;
2.70.1.4
ongoing monitoring programs and related access;
2.70.1.5
stormwater, drainage and erosion control measures;
2.70.1.6
Development be designed and constructed using materials,
processes, or techniques intended to minimize slope risks or
instability;
2.70.1.7
the applicant and any current or future landowner of the Site
entering into an Indemnity Agreement with the City respecting
environmental risks, including but not limited to slope stability;
2.70.1.8
providing a post-construction certificate or Report from a relevant
professional confirming:
2.70.1.8.1
Development is located and constructed in accordance
with any Site Plan or Report accepted by the
Subdivision Authority or Development Authority; and
2.70.1.8.2
compliance with an accepted professional lot grading
plan;
2.70.1.9
ensuring the applicant enter into and comply with an agreement
with the City respecting those matters set out in sections 650, 651
and 655 of the Act.
2.80
Land Titles
2.80.1
The Development Authority is not required to examine the title to any land
or to investigate whether the Development is affected by any City bylaw or
any federal or provincial legislation or with any condition of any easement,
covenant, building scheme or agreement.
2.80.2
An applicant whose Development is approved and for which a
Development Permit has been issued remains responsible to ensure the
Development conforms to all applicable laws and regulations.
66
2.90
Development Authority Powers, Duties, and Discretion
2.90.1
When applying this Bylaw, the Development Authority must use the Bylaw
in conjunction with relevant policies and procedures as adopted and
amended by the City or Council from time to time.
2.90.2
If, in the Development Authority's opinion, a particular use does not
conform to any of the use definitions; or if a particular use appears to
conform to 2 or more definitions, the particular use may be considered to
conform to the definition which, in the Development Authority's opinion, is
most appropriate.
2.100
Development Officer's Decision on Permit Applications
2.100.1
The Development Officer:
2.100.1.1
will review each application to determine the use that is being
applied for;
2.100.1.2
may refer an application to any City department, provincial, federal
or inter-jurisdictional body, or other agency;
2.100.1.3
15in respect of Discretionary Use applications and Permitted Use
applications where a variance is required, may notify landowners
within 100m of the Boundary of the Site that an application was
received and request their comments, unless the application is for
a Backyard Suite, in which case the Development Authority must
circulate the aforementioned notice to landowners within 100m of
the Boundary of the Site and request their comments.
2.100.1.4
will not accept an application for a Development that:
2.100.1.4.1
is for a use that is neither a Permitted Use nor a
Discretionary Use in the applicable Zone;
2.100.1.4.2
Is for a use prohibited in this Bylaw;
2.100.1.5
must refuse an application from which a Development Authority is
precluded from approving under the Matters Related to
Subdivision and Development Regulation or the Act;
2.100.1.6
will approve an application for a Permitted Use which complies
with this Bylaw:
15 3357/M-2025
67
2.100.1.6.1
without conditions; or
2.100.1.6.2
subject to conditions if the power to do so is set out in
this Bylaw;
2.100.1.7
may, in respect of an application for a Discretionary Use:
2.100.1.7.1
approve the application with or without conditions;
2.100.1.7.2
refuse the application and provide written reasons; or
2.100.1.7.3
refer the application to the Municipal Planning
Commission;
2.100.1.8
may approve an application for a Permitted Use or a Discretionary
Use, with or without conditions, where the proposed
Development does not comply with the applicable regulations of
this Bylaw if, if in the Development Officer's opinion:
2.100.1.8.1
the proposed Development would not unduly interfere
with the amenities of the neighbourhood or materially
interfere with or affect the use, enjoyment, or value of
neighbouring land; and
2.100.1.8.2
the proposed Development conforms with the use
prescribed for that land in the Bylaw.
2.100.1.9
may, where the test set out in subsection 2.100.1.8 is met,
approve, with or without conditions, a variance which:
2.100.1.9.1
is consistent with the purpose of the Zone and the
intended scale and form of the Development;
2.100.1.9.2
results in a Development that aligns with the City's
Municipal Development Plan and other statutory plans;
2.100.1.9.3
addresses a physical constraint or other function
specific to the Site; or
2.100.1.9.4
rectifies an error in the situating of a Building that
would otherwise create unnecessary hardship to the
landowner in trying to correct.
2.100.1.10
will refer to the Municipal Planning Commission or Council all
applications requiring the specific approval of the Municipal
Planning Commission or Council under this Bylaw and may refer to
68
the Municipal Planning Commission any application the
Development Officer determines is advisable;
2.100.1.11
the Development Officer must issue the Development Permit
when all conditions of the approval under section 2.130, except
those of a continuing nature, have been fulfilled.
2.110
Municipal Planning Commission Decisions on Permit Applications
2.110.1
The Municipal Planning Commission will approve an application for a
Permitted Use which requires no variance;
2.110.1.1
without conditions; or
2.110.1.2
subject to conditions if the power to do so is set out in this Bylaw.
2.110.2
The Municipal Planning Commission may, in respect of an application for a
Discretionary Use:
2.110.2.1
approve with or without conditions; or
2.110.2.2
refuse, providing reasons.
2.110.3
Except for applications in DC(32), the Municipal Planning Commission may
approve an application for a Permitted Use or Discretionary Use, with or
without conditions, where the proposed Development does not comply
with the applicable regulations of this Bylaw if, in the Municipal Planning
Commission's opinion:
2.110.3.1
the proposed Development would not unduly interfere with the
amenities of the neighbourhood;
2.110.3.2
the proposed Development would not materially interfere with or
affect the use, enjoyment, or value of neighbouring land; and
2.110.3.3
the proposed Development conforms with the use prescribed for
that land in the Bylaw .
2.120
Notice of Decision
2.120.1
On the same day the Development Authority makes a decision to approve
an application for a Development Permit, they must give or send the
applicant a written notice specifying the date of the decision and advise
that a Development Permit will not be issued until after any appeal from
the decision is pending, or until the time for filing an appeal has expired.
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2.120.2
On the same day the Development Authority makes a decision to refuse a
Development Permit application, they must give or send the applicant
written notice specifying the date of the decision and reasons for the
refusal.
2.120.3
Within 14 days of a decision for a Discretionary Use, or for a Permitted Use
where the applicable regulations of this Bylaw were varied by the
Development Authority, the Development Authority must publish a notice
in a local newspaper and publicly accessible web page which includes the
legal description or civic address of the Site in question, the nature of the
approved Development and rights of appeal.
2.120.4
No notice is required to be given for a decision to approve an application
for a Permitted Use for which no variance was granted.
2.120.5
Notwithstanding subsection 2.100.1.11, no Development Permit shall be
issued while a decision about a Development Permit application is pending,
or an appeal from the decision is pending, or until the time for filing an
appeal of the decision has expired.
2.120.6
A person applying for a Development Permit may appeal the decision of the
Development Officer to the Subdivision and Development Appeal Board by
filing a written notice of appeal within 21 days after the date the decision
was given.
2.120.7
A person applying for a Development Permit may file a written notice of
appeal with the Subdivision and Development Appeal Board if a
Development Permit application is deemed to be refused in accordance
with subsection 2.50.12.
2.120.8
A person affected by a decision of the Development Officer about a
Development Permit application may appeal the decision to the Subdivision
and Development Appeal Board by filing a written notice of appeal within
21 days after the notice of the decision regarding the application was given.
2.130
Conditions of Issuing a Development Permit
2.130.1
The Development Authority may impose conditions limiting the duration of
a Development Permit for a Discretionary Use, a Permitted Use requiring a
variance, or a Development that is intended to be temporary or is
inherently temporary.
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2.130.2
As a condition of approving a Development Permit for a Permitted Use that
meets the applicable regulations of this Bylaw, the Development Authority
may:
2.130.2.1
require the applicant to make arrangements for the supply of
water, electric power, sewer service, vehicle and pedestrian access,
or any of them, including payment of the costs of installation or
constructing any such Utility or facility by the applicant;
2.130.2.2
require the applicant to:
2.130.2.2.1
submit information such as an environmental Site
assessment or risk assessment, confirming the Site is
suited for all Developments in the application;
2.130.2.2.2
provide phasing of the Development;
2.130.2.2.3
undertake Site design measures to mitigate the
environmental hazards or risks inherent to or affecting
the Site;
2.130.2.2.4
repair or reinstate, or to pay for repair or
reinstatement, to original condition, any Public
Property, street furniture, curbing, boulevard
landscaping and tree planting or any other property
owned by The City damaged, destroyed or otherwise
harmed by Development or construction on the Site;
2.130.2.2.5
where the application is for a Building that encroaches
on City property, mitigate the impact of the
encroachment, including compensation, indemnities,
insurance, and a duty to remove the encroaching
Building when notified by the City.
2.130.2.3
where a Site has a Zero Lot Line, require the applicant to obtain an
easement agreement for private maintenance and access with the
Site Abutting the Zero Lot Line, and ensure the easement is
registered against both Sites.
2.130.3
As a condition of issuing a Development Permit for a Permitted Use where
a variance is granted, the Development Authority may:
2.130.3.1
impose any of the conditions listed in subsection 2.130.1 or
subsection 2.130.2; or
71
2.130.3.2
impose conditions they consider appropriate to address any
planning concerns that arise as a result of a variance.
2.130.4
The Development Authority may, as a condition of issuing a Development
Permit for a Discretionary Use, impose conditions in respect of:
2.130.4.1
any reason addressed in subsections 2.130.1, 2.130.2, or 2.130.3;
2.130.4.2
the construction or maintenance of the proposed Development in
accordance with the approved plans;
2.130.4.3
the appropriate performance of a use;
2.130.4.4
an environmental site assessment;
2.130.4.5
the time or times a use may be carried out;
2.130.4.6
limits imposed on the Development; or
2.130.4.7
the furtherance of sound planning principles.
2.130.5
The Development Authority may include conditions in Development
Permits for Buildings and land uses listed in subsection 2.60.1 to ensure
adherence to Crime Prevention Through Environmental Design principles.
2.130.6
As a condition of issuing a Development Permit for a Development in a
Direct Control Zone, the Development Authority may impose such
conditions as they consider appropriate, having regard to the regulations of
the Bylaw and any statutory plan.
2.130.7
The Development Authority may, as a condition of issuing any Development
Permit, require the applicant to enter into an agreement with The City to
do any or all of the following:
2.130.7.1
construct or pay for the construction of:
2.130.7.1.1
a road required to give access to the Development;
2.130.7.1.2
a pedestrian walkway system to serve the
Development; or
2.130.7.1.3
pedestrian walkways to connect the pedestrian
walkway system serving the Development with a
pedestrian walkway system that serves, or is proposed
to serve, an Adjacent Development, or both.
2.130.7.2
to install or pay for the installation of Utilities, on or off the Site,
that are necessary to serve the Development;
72
2.130.7.3
to construct or pay for the construction of:
2.130.7.3.1
off-street or other parking facilities; or
2.130.7.3.2
loading and unloading facilities.
2.130.7.4
to pay an off-site levy or redevelopment levy;
2.130.7.5
to give security to ensure the terms of the agreement under
subsection 2.130.7 are carried out;
2.130.8
Where a Development is to occur in multiple phases, the Development
Authority may require as a condition that landscaping of the undeveloped
areas occur using an approved ground cover.
2.130.9
To allow for electrical wiring and equipment, the Development Authority
may require registration of an easement or right of way as a Development
Permit condition.
2.140
Cancellation of Development Permit
2.140.1
The Development Officer may cancel a Development Permit if:
2.140.1.1
the Development Permit was issued in error; or
2.140.1.2
the Development Permit was issued based on incorrect
information.
2.150
Limit on Frequency of Development Permit Applications
2.150.1
When an application for a Development Permit for a Discretionary Use or
Building is refused, another Development Permit application on the same
Site and for the same or similar use of land must not be accepted within 6
months of the date of refusal.
2.150.2
Limitations on frequency of applications do not apply to applications that
are considered refused under subsection 2.50.3.
2.160
Requirement to Commence Development
2.160.1
A Development Permit expires 12 months after the date it was issued
unless the applicant has commenced Development or the Development
Authority grants an extension of time, except as outlined in subsection
2.160.3.
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2.160.2
The Development Authority may grant an extension on a Development
Permit for not more than 2 consecutive 1 year extensions beyond the
expiry date of the initial Development Permit, provided the proposed
Development still otherwise complies with this Bylaw. If the applicant does
not commence Development in the extended period, the Development
Permit expires.
2.160.3
Once work is initiated connected to an approved Development Permit, the
Development Permit remains valid until work is completed, provided the
project is substantially completed within 2 years of the date the
Development Permit was issued or the date that any extension of the
Development Permit was granted. If work is not substantially completed in
that time, the Development Permit will be considered expired.
2.170
Failure to Complete Development
2.170.1
A Development must be substantially completed to municipal standards
within 2 years of the start of work, failing which the Development Officer
may direct the Site be returned to its original condition or to a state
acceptable to the Development Officer.
2.180
Notice of Appeal Hearings
2.180.1
The Subdivision and Development Appeal Board will give written notice of
the hearing of a Development appeal to:
2.180.1.1
the parties specified in the Act;
2.180.1.2
the applicant for the Development Permit, if such applicant is not
the appellant;
2.180.1.3
the landowner of the Site which is the subject of the Development
application, if such landowner is not the appellant;
2.180.1.4
the Development Authority whose order, decision, or
Development Permit is the subject of the appeal;
2.180.1.5
the landowners of all Sites within 100.0m of the Site; and
2.180.1.6
any other person that the Subdivision and Development Appeal
Board considers to be affected by the appeal and should be
notified.
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2.190
Zoning Bylaw Amendment Application
2.190.1
Applications to amend this Bylaw must be submitted in writing to the
Development Authority.
2.190.2
Where an application affects particular Sites rather than the municipality as
a whole, the application must be accompanied by:
2.190.2.1
a letter from the registered landowners and any other person
beneficially interested in the Sites;
2.190.2.2
a written statement from the applicant containing reasons in
support of the application;
2.190.2.3
traffic, market, land use or feasibility studies and neighbourhood
surveys required by The City;
2.190.2.4
payment of all costs of advertising and holding any public meeting
required by The City; and
2.190.2.5
copies of any maps, documents, or other material.
2.190.3
At the discretion of The City, the following additional material may be
required, where appropriate:
2.190.3.1
drawings done on standard drafting material, fully dimensioned,
accurately figured, explicit and complete; or
2.190.3.2
a Neighbourhood Area Structure Plan or Area Redevelopment
Plan, including the affected area and showing a level of detail
acceptable to The City.
2.190.4
Subsections 2.190.1 and 2.190.2 apply to Bylaw amendments initiated by
The City, except that no undertaking to pay the costs of public information
meetings is required and no letter from registered landowners is required.
2.190.5
The Development Authority will forward a copy of the application to all
relevant City departments for comment. The Development Authority will
confirm to the applicant the application was received and will advise the
applicant of the time and date Council will consider the application.
2.190.6
If the Development Authority determines that a public meeting or other
means of public consultation is required regarding any application, all
landowners of Sites within 100m of the Site Boundaries will receive notice
of the proposed amendment.
75
2.200
Limits on Frequency of Applications for Amendments
2.200.1
When an application for a change in zoning is refused by Council, another
application for a similar change in zoning on the same Site must not be
accepted within 6 months of the date of refusal.
2.200.2
When an application for a text amendment is refused by Council, another
application for a text amendment where the effects of the proposed
amendment would be the same must not be accepted within 6 months of
the date of refusal.
2.210
Guidelines
2.210.1
The City is authorized to establish and implement planning guidelines,
standards, and procedures in accordance with the Council's Planning and
Development Policy. These guidelines outline the procedure to be followed
or factors to be considered by the Development Authority with respect to
types of Development, including but not limited to communications towers
and redevelopment in existing neighbourhoods.
2.220
Subdivision Approval Applications
2.220.1
Correspondence between the Subdivision Authority and an applicant may
be in writing, or electronic form if the applicant has agreed that
correspondence may occur electronically.
2.220.2
The Subdivision Authority must, within 20 calendar days after receiving an
application under section 653(1) of the Act, determine whether the
application is complete.
2.220.3
An application is complete if, in the Subdivision Authority's opinion, the
application contains the documents and other information necessary to
review the application.
2.220.4
The period referred to in subsection 2.220.2 may be extended by an
agreement in writing between the applicant and the Subdivision Authority.
2.220.5
If the Subdivision Authority does not make a determination referred to in
Subsection 2.220.2 within 20 calendar days, or within the extended period
agreed between the applicant and the Subdivision Authority, the
application is deemed to be complete.
76
2.220.6
If the Subdivision Authority determines an application is complete the
Subdivision Authority must issue to the applicant acknowledgement the
application is complete in writing or electronically.
2.220.7
If the Subdivision Authority determines an application is incomplete, the
Subdivision Authority must issue the applicant written notice the
application is incomplete, identify the outstanding documents and
information that must be provided for the application to be complete and a
date by which the information must be received in order for the application
to be considered complete. The applicant and the Subdivision Authority
may agree, in writing, to an alternate date the information is to be
provided.
2.220.8
If the Subdivision Authority determines the required information and
documents, identified in the notice issued per subsection 2.220.7, have
been submitted, the Subdivision Authority must issue a written
acknowledgement to the applicant that the application is complete.
2.220.9
If the applicant fails to submit all the outstanding information and
documents on or before the date referred to in the notice or the extended
time agreed between the applicant and the Subdivision Authority, the
application is deemed to be refused.
2.220.10
If an application is deemed refused under subsection 2.220.9, the
Subdivision Authority must issue written notice to the applicant that the
application has been refused and the reason for the refusal.
2.220.11
Despite the Subdivision Authority issuing an acknowledgement under
subsection 2.220.6 or 2.220.8, while reviewing an application, the
Subdivision Authority may request additional information or
documentation from the applicant that the Subdivision Authority considers
necessary to review the application.
2.230
Enforcement
2.230.1
A designated officer may carry out inspections to determine compliance
with this Bylaw, a Development Permit, or the Act.
2.230.2
For the purposes of enforcing this Bylaw and the Act, the following are
considered designated officers:
2.230.2.1
a Bylaw Officer;
77
2.230.2.2
a Development Officer or any City employee designated by a
Development Officer; or
2.230.2.3
a compliance officer.
2.230.3
Notice of an inspection by the designated officer must be given in
accordance with the Act.
2.240
General Regulations for Offences and Penalties
2.240.1
No person will:
2.240.1.1
fail to comply with a Development Permit, subdivision approval, or
the conditions forming part thereof;
2.240.1.2
fail to comply with an order issued under sections 545, 546, 551,
645 of the Act;
2.240.1.3
fail to comply with a decision of the Subdivision and Development
Appeal Board;
2.240.1.4
obstruct or hinder any person in the exercising their powers under
this Bylaw; or
2.240.1.5
use land contrary to this Bylaw.
2.240.2
A person who violates or fails to comply with any regulation of this Bylaw is
guilty of an offence and liable upon summary conviction to the specified
penalty set out in section 2.250, or:
2.240.2.1
if there is no specified penalty set out in section 2.250, the penalty
will be set to a fine of $250.00 for a first offence, $500.00 for a
second offence and $1,000.00 for a third or subsequent offence,
and in default of payment of any penalty, to imprisonment for up
to 6 months.
2.240.3
Where a Bylaw Officer reasonably believes that a person has violated any
regulation of this Bylaw, the Bylaw Officer may, in addition to any other
remedy at law, serve upon the person a violation ticket, in the form used by
the City, allowing payment of the penalty as set out in subsection 2.240.2.1
for the particular offence, which payment will be accepted by the City in
lieu of prosecution for the offence, or a Bylaw Officer may issue a violation
ticket in accordance with the Provincial Offences Procedure Act, R.S.A.
2000, c. P-34, allowing a voluntary payment of the penalty as set out in
subsection 2.240.2.1, or, requiring a person to appear in court without the
78
alternative of making a voluntary payment. The recording of the payment
of a penalty made to the City or the Alberta Court of Justice will constitute
an acceptance of a guilty plea and conviction for the offence.
2.240.4
Any person who violates the same regulation within 12 months after the
date of the first contravention, is liable to the specified penalty for such
second, third or subsequent offence in the amount set out in the
corresponding columns of section 2.250, or as set out in subsection
2.240.2.1.
2.240.5
Section 2.240 will not prevent any Bylaw Officer from issuing a violation
ticket requiring a court appearance of the defendant, pursuant to the
Provincial Offences Procedures Act, or from issuing a warning in lieu of
issuing a violation ticket.
2.240.6
Where 1 or more vehicles are parked or left on Public Property in a
prohibited manner, each day or part of a day on which it continues
constitutes a separate offence.
2.240.7
A Bylaw Officer who believes on reasonable grounds a Sign is not
authorized pursuant to the Bylaw may remove and impound the Sign:
2.240.7.1
if a Sign permit is issued, after 7 days notice to the permit holder,
delivered to the address shown on the Sign permit; or
2.240.7.2
if no Sign permit was issued, without prior notice.
2.240.8
Despite subsection 2.240.7, a Bylaw Officer may not remove a Sign in,
upon, or affixed to a Building without either the consent of the owner of
the Building, the consent of the owner of the Sign, or a court order.
2.240.9
Following the impounding and removal of a Sign, the Bylaw Officer for The
City will send notice to the owner of the Sign (if known) or to the
landowner of the Site where the Sign was removed, advising of the
removal. The owner of the Sign may secure release from impound upon
payment in full of all applicable impounding and storage charges at the
rates specified in section 2.260 of this Bylaw.
2.240.10
An impounded Sign not redeemed within 60 days of the date notice was
served may be disposed of by The City without further notice.
79
2.250
Specified Penalties for Offences
Offence
Section
First
Offence
Second
Offence
Third or More
Offence
Failure to comply with a
Development Permit or associated
conditions
-
$500.00
$1000.00
$5000.00
Displaying an Election Sign, a
16Garage Sale Sign, a Real Estate
Sign, or Show Home Sign in
contravention of this Bylaw
-
$100.00
$250.00
$500.00
Commencing Development,
excluding Temporary Buildings,
without a Development Permit
2.20.1
$500.00
$1000.00
$5000.00
Outdoor Display or Sale of Goods
and Outdoor Storage on Public
Property
3.10.1
$500.00
$1000.00
$5000.00
Failure to comply with Restrictions
of Corner Site Lines regulations
3.120
$150.00
$250.00
$500.00
Parking of vehicles, Outdoor Display
or Sale of Goods, and Outdoor
Storage on Landscaped Areas
3.130.1.3
$500.00
$1000.00
$5000.00
Parking of a vehicle, or part of a
vehicle, on Public Property
3.250.1
$500.00
$1000.00
$5000.00
Failure to comply with Objects
Prohibited in Yards regulations
3.330
$150.00
$250.00
$500.00
Failure to comply with Accessory
Building regulations
4.30
$150.00
$250.00
$500.00
Failure to comply with Backyard
Suite regulations
4.50
$500.00
$1000.00
$5000.00
Failure to comply with House Suite
regulations
4.140
$500.00
$1000.00
$5000.00
Constructing a Temporary Building
without a Development Permit or
failure to comply with the Temporary
Building regulations
4.280
$200.00
$400.00
$600.00
16 3357/SS-2024
80
2.260
Impounding and Storage Charges
2.260.1
The impounding and storage of Signs seized in violation of this Bylaw will
incur a financial penalty to be paid off prior to the release of the Sign at the
following rates:
2.260.1.1
impounding of Signs will incur a penalty of $100.00 per Sign;
2.260.1.2
storage of Signs at or smaller than 1.5m2 will incur a penalty of
$3.00 per Sign per day;
2.260.1.3
storage of Signs greater than 1.5m2 will incur a penalty of $5.00
per Sign per day.
81
Part 3 General Regulations
3.10
Use of Public Property
3.10.1
No storage, display or selling of goods on any Public Property is allowed
without approval granted by The City.
3.20
Number of Principal Buildings Per Site
3.20.1
No more than 1 Principal Building will be built on a Site unless an overall
Site Plan that provides for 1 or more groups of Buildings is approved by the
Development Authority.
3.30
Main Floor Minimum Height Measurements
3.30.1
The height of a Main Floor must be a minimum 1.7m above Grade, unless
otherwise stated.
3.40
Frontage
3.40.1
Frontage will be calculated at the Front Yard Setback of the Principal
Building. If there is no Principal Building on the Site, Frontage is measured
at the minimum required Front Yard Setback.
3.40.2
On pie-shaped Sites, Frontage is measured perpendicular to the tangent of
the middle of the Front Boundary.
3.40.3
On Corner Sites, Frontage is measured perpendicular to the interior Side
Boundary.
3.50
Yard Measurements
3.50.1
In determining Yard measurements, the shortest horizontal distance from
the respective Boundary will be used.
3.60
Development Over Gas Lines
3.60.1
A Building may not be placed over a gas line if it is on a permanent
foundation, unless prior approval has been granted by the City or the
applicable gas company.
82
3.70
Utility Regulation Stations
3.70.1
The Development Authority may approve gas, electricity or waterworks
pumping, regulating, transformer, storage Buildings, or equipment on a
Site, regardless of if it conforms to the surrounding area or meets the Side
Yard regulations of this Bylaw.
3.80
Electrical Overhead Wiring Separation Distance
3.80.1
No Building at or over 4.4m in height may be constructed so any part is
closer than 4.3m to a Boundary Adjacent to existing overhead wiring.
3.80.2
No Building less than 4.4m in height may be constructed so any part is
closer than 2.5m to a Boundary Adjacent to existing overhead wiring.
3.80.3
Despite any other section of this Bylaw, where a Setback regulation differs
between section 3.80 and one required by another section, the Setback will
be the larger distance.
3.90
AltaLink Consultation and Potential Constraints Area
3.90.1
A constraints area exists for 100.0m extending from a high voltage
transmission line in each direction and affects any Site partially or fully in
the area.
3.90.2
Development applications in constraint areas may be sent, at the discretion
of the Development Authority, to AltaLink Management Limited to
determine if there are any concerns.
3.90.3
Conditions or restraints for a Development may be placed on a
Development Permit to address the constraints area or concerns from
AltaLink Management Limited.
3.100
Setbacks from ATCO High Pressure Pipelines
3.100.1
A 15.0m Setback will apply to any Building except Accessory Buildings
exempt from a Development Permit. The Development Authority may vary
the Setback after consulting with ATCO.
3.100.2
Setbacks from high pressure ATCO pipelines will be measured from the
centre of the pipeline right of way.
83
3.110
Setbacks from TransCanada Pipelines
3.110.1
A 7.0m Setback will apply to any habitable Building. The Development
Authority may vary the Setback after consulting with TransCanada Pipeline.
3.110.2
Setbacks will be measured from the TransCanada Pipeline right of way
edges to any habitable Building.
3.120
Restrictions on Corner Site Lines
3.120.1
Any Building, object, or vegetation more than 0.9m in height must not be
placed or maintained on the part of a Corner Site as follows:
3.120.1.1
where the Corner Site Abuts the intersection of 2 lanes or 2 Roads,
in a triangular area with the 2 sides Adjacent to the lanes or Roads
a minimum of 4.5m in length, measured from the corner of the
Corner Site along the Boundaries of the Site which meet at the
intersection, and the third side by drawing a straight line
connecting the end points of the other 2 sides (for illustrative
purposes see Figure 3.120-1); or
3.120.1.2
if a Site which Abuts the intersection of a lane and a Road, in a
triangular area where the 2 sides Adjacent to the Road and lane
will be a minimum of 3.0m long, measured from the corner of the
Corner Site along the Boundaries of the Site which meet at the
intersection, and the third side by drawing a straight line
connecting the end points of the other 2 sides (for illustrative
purposes see Figure 3.120-1).
3.120.1.3
in the Front Yard of a Residential Zone, fences or hedges taller than
0.9m are not allowed within 6.0m of the intersection of a Driveway
or lane and a Road.
84
Figure 3.120-1: Restrictions on Corner Sites
85
3.130
Landscaping Regulations
3.130.1
General Landscaping Regulations
3.130.1.1
Landscape specifications must follow the Contract Specifications
planting requirements.
3.130.1.2
For Apartment Buildings, Commercial Zones and Industrial Zones,
landscaping is required Adjacent to exterior walls and fences which
are visible from Adjacent public Roads to minimize the perceived
mass and to create visual interest. Landscaping along the fence
line must be positioned to the Road side of the fence when
Adjacent to a public Road.
3.130.1.3
The parking of vehicles, the Outdoor Display or Sale of Goods, and
Outdoor Storage are prohibited on any part of a Site approved for
landscaping, including the natural display of grass, plants, or other
landscaping features, unless approved by the Development
Authority.
3.130.1.4
Landscaping must provide a visual buffer along the Abutting
Boundary between Residential and non-Residential uses, except in
mixed-use Zones.
3.130.1.5
For a phased Development, an overall landscaping plan must be
approved prior to the first phase of Development.
3.130.1.6
The landscaping of Front Yards must include a mixture of
coniferous or deciduous tree and shrubs that add value
throughout all seasons.
3.130.1.7
The following minimums must be met unless the Site is in the
Major Entry Areas Overlay or contains a House:
3.130.1.7.1 1 tree for every 60.0m² of Landscaped Area;
3.130.1.7.2 1 shrub for every 30.0m² of Landscaped Area; and
3.130.1.7.3 the ratio of deciduous trees to coniferous trees or
shrubs must be approximately 2:1.
3.130.2
Residential Landscaping Regulations
3.130.2.1
A landowner of a Residential Site must ensure landscaping is
completed within 2 years of the date the Building is occupied.
86
3.130.2.2
For subsection 3.130.2.1 completion means, at minimum, the
Landscaped Area is covered by the acceptable landscaping
materials.
3.130.2.3
Landscaping removed for the purposes of Development must be
replaced in accordance with the Development Permit by the first
growing season after renovations are completed.
3.130.3
Landscaped Islands in Parking Areas
3.130.3.1
Where Parking of 25 or more motor vehicles on a Site is required
at ground level, landscaped islands must be provided in the
interior of the Parking area to provide visual relief and break up
large areas into smaller cells.
3.130.3.2
Landscaped islands should be placed at the following locations in
the Parking area:
3.130.3.2.1 at the ends of long rows of Parking;
3.130.3.2.2 between rows of facing Parking stalls;
3.130.3.2.3 mid-aisle of long rows of Parking stalls; or
3.130.3.2.4 another form or combination of landscaping treatments
to the satisfaction of the Development Authority.
3.130.4
Landscaped islands must consist of a minimum of 1 deciduous tree well-
suited to survive in a high traffic environment, or shrubs the Development
Authority deems equivalent to a tree.
3.140
Fence Regulations
3.140.1
The following fences are prohibited in The City:
3.140.1.1
any barbed wire fence or other barbed wire structure or any fence
which is surmounted by nails, sharpened spikes, broken glass or
other dangerous objects or materials;
3.140.1.2
any electrified fence;
3.140.1.3
any fence made of pallets, cloth, tarps, plastic that is non-weather
resistant, or materials which may deteriorate quickly in inclement
weather, or those which are considered unsightly by the
Development Authority because of their haphazard construction,
87
evidence of decay, unstable condition or use of perishable
materials.
3.140.2
Subsection 3.140.1.1 will not apply:
3.140.2.1
where barbed wire is placed on a fence at or higher than 1.83m
above the level of ground in a non-Residential Site; or
3.140.2.2
where barbed wire is used for fencing on a Site designated A-1
Future Urban Development Zone.
3.140.3
Where the Site is Zoned for Residential or the Principal Use of a Site is
Residential, a fence must meet the following:
3.140.3.1
the part of a fence between the front of the Building and the rear
Boundary or along the rear Boundary must be a maximum 2.0m in
height;
3.140.3.2
the part of a fence between the front of the Building and the front
Boundary of the Site must be a maximum 0.9m in height.
3.140.4
The height of a fence is measured from ground level to the top of the fence
except where the fence is on a retaining wall, where the height of the
retaining wall will be included in the measurement.
3.140.5
No Development Permit is required for a fence in a Residential Zone or
other Zone in which the Principal Use is Residential unless a height variance
is requested.
3.140.6
17Deleted
3.140.7
No fence is allowed on Public Property without obtaining written
permission from the City.
3.140.8
All fencing must consider surrounding Developments and be compatible in
its design.
3.150
Roof Drainage
3.150.1
All roof drainage will be directed onto the Site or as specified by the
Development Authority.
17 3357/C-2026
88
3.160
Amenity Space Regulations
3.160.1
In non-Capstone Zones, the following amount of Common Amenity Space
must be provided for the following uses:
3.160.1.1
a minimum of 4.5m² per Dwelling Unit for Apartments,
Townhouses, and Mixed-Use Buildings; or
3.160.1.2
a minimum of 15.0m² per unit for Supportive Living
Accommodations and Temporary Care Facilities.
3.160.2
The following amount of Private Amenity Space must be provided within all
Residential Zones where there is a Backyard Suite:
3.160.2.1
an outdoor space Abutting an exterior wall of the Backyard Suite,
with a minimum of 7.5m² with no dimension less than 1.5m
3.160.3
In Commercial Zones, Residential and mixed-use Developments must
include outdoor Amenity Space for residents of the Building, except when:
3.160.3.1
the Development Authority may vary subsection 3.160.3 if the
proposed Development is Adjacent to a public park.
3.160.4
The following amount of Common Amenity Space, Private Amenity Space,
or a combination thereof must be provided within the Capstone Zones:
3.160.4.1
a minimum of 4.5m² per Dwelling Unit for Apartments,
Townhouses, and Mixed-Use Buildings; or
3.160.4.2
a minimum of 15.0m² per unit for Supportive Living
Accommodations and Temporary Care Facilities;
3.160.4.3
Private Amenity Spaces must have no dimension less than 1.8m;
and
3.160.4.4
Common Amenity Spaces must have a minimum area of 50.0m²
with no dimension less than 6.0m.
3.170
Exterior Fire Escapes
3.170.1
1819Exterior fire escapes are allowed to project into Yards in any Zone,
provided the width and projection are a maximum 1.2m wide.
18 3357/SS-2024
19 3357/C-2026
89
3.170.2
20In Commercial Zones, the exterior fire escape must be constructed a
minimum of 3.6m above grade.
3.180
General Regulations for Residential Zones
3.180.1
General Residential Regulations
3.180.1.1
There must only be 1 House or Duplex per Site except for bare land
condominiums. This cannot be varied by the Development
Authority.
3.180.1.2
There must only be 1 Manufactured Home, or 1 Manufactured
Home plus another Manufactured Home used as a Backyard Suite,
per Site. This cannot be varied by the Development Authority,
except:
3.180.1.2.1 despite subsection 3.180.1.2, bare land condominiums
and Manufactured Home Parks are excepted from the
limitation.
3.180.1.3
Mechanical or operational elements such as air conditioning units,
electrical equipment, service areas, and waste containers must be
Screened from public view.
3.180.2
Below Grade Development
3.180.2.1
No below-Grade Development may occur within 0.6m of the
Boundary of a Residential Site.
3.180.3
Projections over Yards
3.180.3.1
Projections on a Principal Building in a Residential Zone must not
project into a minimum Yard Setback, except as outlined in
subsections 3.180.3.2 to 3.180.3.4.
3.180.3.2
Front Yard
3.180.3.2.1 A Deck, unenclosed porch, barrier-free ramp, bay
window, bow window, or chimney must:
3.180.3.2.1.1
not project more than 1.5m over or on a
minimum Front Yard; and
20 3357/C-2026
90
3.180.3.2.1.2
be at least 3.0m from the Front
Boundary.
3.180.3.3
Rear Yard
3.180.3.3.1
A canopy, eaves, chimney, or steps must not project
more than 1.5m over or on a minimum Rear Yard.
3.180.3.3.2
An unenclosed porch, Deck, or barrier-free ramp must
not project more than 3.0m over or on a minimum Rear
Yard. Steps extending beyond an unenclosed porch or
Deck into a minimum Rear Yard may project up to an
additional 1.5m.
3.180.3.4
Side Yard
3.180.3.4.1
A canopy, eaves, or chimney must not project more
than ½ of the minimum Side Yard required for the Site.
3.180.3.4.2
Unenclosed steps, including landing, not more than
0.6m above Grade, must not project more than 0.9m
into the minimum Side Yard.
3.180.3.4.3
On the Sites with no rear lane, no steps, landings, or
Decks shall project into the minimum Side Yard of 3.0m
except if there is rear access for a Garage or vehicles.
3.180.3.5
Projections over a utility or road right of way are not allowed.
3.190
Developed Areas Regulations
3.190.1
Developed Areas Regulations apply to:
3.190.1.1
Residential Sites, except in the R-H Zone and R-MH Zone, as shown
in Figure 3.190-1; and
3.190.1.2
Developments where proposed is:
3.190.1.2.1
Buildings that contain a Dwelling Unit;
3.190.1.2.2
construction of new Dwelling Units; or
3.190.1.2.3
enclosed structural additions to existing Dwelling Units,
except for sunrooms projecting from the rear of the
Dwelling Unit.
91
3.190.2
Developed Areas Regulations are in addition to and prevail over the Zone
regulations and General Regulations for Residential Zones where conflict
occurs.
3.190.3
Character Statements are in addition to and prevail over the Developed
Areas Regulations where conflict occurs.
92
Figure 3.190-1: Developed Areas
93
3.190.4
Site Design
3.190.4.1
Yards
3.190.4.1.1
Front Yard Setbacks must be within 1.2m of the average
existing Front Yard Setback of Principal Buildings in the
Immediate Road Context.
3.190.4.1.2
Rear Yards must minimize overlook into the Rear Yard
and Side Yard of Abutting Sites by using a combination
of fencing, Screening, or landscaping.
3.190.4.1.3
New Front Yard vehicle access on the Sites Abutting a
lane will only be allowed if:
3.190.4.1.3.1
there is existing Front Yard vehicle
access in 50% or more of Dwelling Units
in the Immediate Road Context; or
3.190.4.1.3.2
features such as mature trees in the
Rear Yard or an irregular shaped Site
make it difficult to access from the Side
Yard or Rear Yard.
3.190.4.2
Front-attached Garages (where allowed)
3.190.4.2.1
If 50% or more of Dwelling Units in the Immediate Road
Context have existing front-attached Garages, new
front-attached Garages must:
3.190.4.2.1.1
not protrude beyond the Live Portion of
the Dwelling Unit further than existing
front-attached Garages; and
3.190.4.2.1.2
have a maximum width similar to
existing front-attached Garages in the
Immediate Road Context.
3.190.4.2.2
If less than 50% of Dwelling Units in the Immediate
Road Context have existing front-attached Garages, and
the Site has a unique feature that makes vehicle access
from the Rear Yard or Side Yard difficult, then front-
attached Garages are allowed only if they:
3.190.4.2.2.1
do not protrude more than 3.5m from
the Live Portion of the Dwelling Unit;
94
3.190.4.2.2.2
meet the minimum Front Yard Setback;
and
3.190.4.2.2.3
are a maximum 40% of the front Façade
of the Building.
3.190.5
Grade and Vegetation
3.190.5.1
Development must minimize disruption to existing topography and
vegetation.
3.190.5.2
City owned trees and shrubs must not be disturbed or removed to
construct or service a Dwelling Unit unless approved on the Site
Plan by the Development Authority through an issued permit.
3.190.5.3
Changing of Grades should be avoided for the construction of a
new Dwelling Unit or structural enclosed addition.
3.190.6
Design Criteria
3.190.6.1
The front Façade of a Dwelling Unit facing a Road must have
projections or recesses give visual variety.
3.190.6.2
The maximum Building Height must be within 1 storey of the
existing Principal Building with the least number of storeys on an
Abutting Residential Zone Site, except if the Abutting Site with the
least number of storeys is within the R-H Zone, then the Zone
regulations for maximum Building Height applies.
3.190.6.3
Despite any other section in this Bylaw, the overall Building Height
of a House or Duplex in a Developed Area must not exceed 12.5m
measured from Grade.
3.190.6.4
Building design must place Side Yard windows to minimize
overlook into living spaces and Rear Yards of Abutting Sites by:
3.190.6.4.1
reducing direct line of sight into windows of the
Dwelling Unit on an Abutting side Site by using
obscured glass, staggered window location, raised
windows, or privacy screening; and
3.190.6.4.2
not locating Side Yard windows beyond the rear Façade
on an Abutting side Site unless:
3.190.6.4.2.1
the window is completely below the
second storey; or
95
3.190.6.4.2.2
the glass in the window is entirely
obscured; or
3.190.6.4.2.3
there is a minimum distance of 1.5m
between the finished floor and the
bottom of the windowsill and the
window does not extend beyond the
storey it is placed on.
3.190.6.5
The threshold of Rear Yard and Side Yard doors, and walking
surfaces of Decks, balconies, patios, and other similar access
points, should be less than 1.0m above Grade to maintain privacy
of Abutting Sites.
3.190.6.6
Fencing, screening, or landscaping must be used to protect the
privacy of Abutting Sites.
3.190.6.7
Principal Building façade that face a Road may only have horizontal
or vertical walls longer than 5.0m if they are broken up by features
such as porches, Projections, terracing, gables, windows, different
exterior finishing materials, or variations in rooflines.
3.190.7
Houses and Duplexes
3.190.7.1
Primary entrances to Dwelling Units must face the Front Boundary
of the Site with a direct Walkway to the Sidewalk or to the Road if
there is no Sidewalk, unless:
3.190.7.1.1
the Dwelling Unit is on a Corner Site, it may face the
Side Boundary closest to the Road if other Dwelling
Units on Corner Sites within the Immediate Road
Context face the Side Boundary.
3.190.7.2
Dwelling Units must not be identical to or mirror the front façade
of an Abutting side Site.
3.190.8
Every Townhouse unit at Grade that faces a Road must have a direct
Walkway from its primary entrance to the Sidewalk or to the Road if there
is no Sidewalk.
3.200
General Regulations for Commercial Zones
3.200.1
Projections over Yards
3.200.1.1
A canopy may project over a minimum Yard if:
96
3.200.1.1.1
It is at least 3.0m above Grade; and
3.200.1.1.2
There are no supports or posts built under the part
projecting over a minimum Yard.
3.200.2
Design Criteria
3.200.2.1
Storage Areas
3.200.2.1.1
Storage areas must be placed in the Rear Yard or Side
Yards of the Principal Building; and
3.200.2.1.2
Storage areas must be Screened from view from any
Adjacent Sites or public Roads.
3.200.2.2
Street façades of Buildings
3.200.2.2.1
Building Façades on Road and Corner Sites must have
high-quality architectural treatments.
3.200.2.2.2
Buildings must have a strong presence along the public
Road Front Boundary and an inviting entrance and
appearance on the Sidewalk and Road.
3.200.2.3
Developments that include 1 or more Buildings must create
variety, character, comfortable scale, and visual interest by
incorporating a variety of Building styles.
3.200.2.4
Developers must create pedestrian linkages with Adjacent Sites
and to Sidewalks along Roads.
3.200.2.5
Buildings must transition seamlessly between ground floor
Commercial Development and the Sidewalk.
3.200.2.6
Underground parking ramps must be at the Rear Yard or Side Yards
of the Building and not on the front Road.
3.200.3
Additional Setbacks for Front- and Side-Yard Setbacks of Sites Abutting
Roads
3.200.3.1
The minimum Front Yard and Side Yard Setbacks of Sites Abutting
the identified Roads shown in Figure 3.200-1 must increase by
2.13m on each side of the original 20.12m-wide Road right of way.
The Development Authority:
3.200.3.1.1
must not vary the requirement for this additional
Setback in areas shown with a solid heavy line.
97
3.200.3.1.2
may reduce or eliminate the additional Setback on a
case-by-case basis in the area shown with a dashed
heavy line for pedestrian improvements that are:
3.200.3.1.2.1
non-structural;
3.200.3.1.2.2
amenities such as Walkways, Sidewalks,
bicycle routes, green spaces and
landscaping, urban sculptures, and
benches or other street furniture;
3.200.3.1.2.3
special design elements such as unique
Building entrances or Façades, non-
structural columns, canopies, porches
and balconies, special lighting, or Road-
oriented Signs;
3.200.3.1.2.4
Development based on the character of
an area or applicable neighbourhood
design guidelines; or
3.200.3.1.2.5
Development made visually interesting
and compatible with the Road and
adjoining Buildings and offers a
continuous pedestrian streetscape or
pedestrian or public amenity such as an
outdoor café, Courtyard, or garden.
3.200.3.2
Subsection 3.200.3.1 does not apply to the areas below, which
have specific minimum Setbacks set out on each figure:
3.200.3.2.1
Figure 3.200-2, Figure 3.200-3, Figure 3.200-4: 55 Street
(Gaetz Avenue to 42A Avenue)
3.200.3.2.2
Figure 3.200-5, Figure 3.200-6, Figure 3.200-7: Ross
Street (45 Avenue to west Boundary of N.E. 15-38-27-4)
3.200.3.2.3
Figure 3.200-8, Figure 3.200-9: 40 Avenue (44 Street to
52 Street)
3.200.3.2.4
Figure 3.200-10: 45 Street (Taylor Drive to 51 Avenue)
3.200.3.3
Subsection 3.200.3.1 does not apply to a Site where:
98
3.200.3.3.1
the landowner transferred title to The City on the land
that would otherwise be required as additional
Setback; and
3.200.3.3.2
the Setback or any part of it is occupied by a Building
and the landowner has a License to Occupy Agreement
with the City.
3.200.3.4
The minimum Front Yard and Side Yard Setbacks in Figure 3.200-1
do not apply to:
3.200.3.4.1
any historical Building under the Historical Significance
Zoning Modifier or the Historical Preservation Zoning
Modifier; or
3.200.3.4.2
new construction approved by the Development
Authority as a historical "echo" or "replica" Building.
99
Figure 3.200-1: Front and Side Yard Building Setbacks
100
Figure 3.200-2: Front and Side Yard Building Setbacks - 49 Avenue & 55 Street
101
Figure 3.200-3: Front and Side Yard Building Setbacks - 55 St (1)
102
Figure 3.200-4: Front and Side Yard Building Setbacks - 55 St (2)
103
Figure 3.200-5: Front and Side Yard Building Setbacks - Ross St (1)
104
Figure 3.200-6: Front and Side Yard Building Setbacks - Ross St (2)
105
Figure 3.200-7: Front and Side Yard Building Setbacks - Ross St (3)
106
Figure 3.200-8: Front and Side Yard Building Setbacks - 40 Avenue (1)
107
Figure 3.200-9: Front and Side Yard Building Setbacks - 40 Avenue (2)
108
Figure 3.200-10: Front and Side Yard Building Setbacks - 45 St
109
Figure 3.200-11: Front and Side Yard Building Setbacks - 49 Avenue
110
3.210
General Regulations for Industrial Zones
3.210.1
All parts of an Industrial Front Yard must, to the satisfaction of the
Development Authority:
3.210.1.1
be paved or gravelled and maintained in neat, dust-free condition;
3.210.1.2
be suitably landscaped and maintained free of weeds.
3.210.2
If a Road Adjacent to an I-1 or I-2 Zoned Industrial Site is not paved and not
landscaped at the time of Development, the Site may remain unpaved with
no landscaping until The City completes this work and notifies the
landowner.
3.210.3
The landowner of the Site must enter into an agreement in writing
satisfactory to The City acknowledging the conditions outlined in
subsection 3.210.2 and has up to 12 months to pave and landscape the Site
in compliance with the Bylaw after receiving notice from the City the
Adjacent Road work is complete.
3.210.4
The City may register a caveat on the title to the Site to protect the
agreement.
3.210.5
Industrial Standards
3.210.5.1
Industrial Standard I is any Industrial Operation that does not:
3.210.5.1.1
emit audible Industrial production noise at any location
on the Boundary of the Site on which the operation
takes place;
3.210.5.1.2
emit smoke, except waste disposal incinerators
approved by the Development Authority;
3.210.5.1.3
emit dust, flying ash, or other particulate material;
3.210.5.1.4
emit odour or gas;
3.210.5.1.5
emit toxic gases or toxic substances;
3.210.5.1.6
produce glare or heat noticeable beyond the Boundary
of the Site;
3.210.5.1.7
discharge waste into sewers if the waste does not meet
Utility Bylaw standards.
111
3.210.5.2
Industrial Standard II means an Industrial Operation which
produces noxious emissions but does not create a noticeable
nuisance beyond the Boundary of the Site.
3.210.6
Projection Over Yards
3.210.6.1
A canopy may project over a minimum Yard if:
3.210.6.1.1
it is at least 3.6m above Grade; and
3.210.6.1.2
no supports or posts are constructed under the part
projecting over the minimum Yard.
3.210.7
Vehicle Access to Sites from Public Roadways
3.210.7.1
A minimum of 10.0m of the Driveway must be paved if:
3.210.7.1.1
the Adjacent public Road is paved; and
3.210.7.1.2
the Driveway transitions onto a gravel part of the Site.
3.220
Vehicle Access to Sites from Public Roads
3.220.1
The location and number of proposed accesses for a Development must
conform to the Engineering Design Guidelines.
3.230
Parking Spaces and Areas
3.230.1
If changes are made to a Site use that requires increased Parking above
what is currently provided, the additional Parking must be provided.
3.230.2
When a Development requires a minimum number of Parking spaces, those
spaces may not be used for any other use, and access to the stalls must be
unobstructed.
3.230.3
Unless otherwise determined by the Development Authority, Parking
spaces must be on the Site.
3.230.4
Parking spaces on the Site must be provided for according to Table 3.240,
unless otherwise stated, and any fractional number of required Parking
stalls will be rounded down to the next whole number.
3.230.5
The Development Authority has discretion to determine the Parking
requirement for any use not specified in Table 3.240 and may decide based
on the Parking requirements for similar uses.
112
3.230.6
21Deleted.
3.230.7
Where a Building or Site, other than a Lease Bay Building or Shopping
Centre, contains multiple uses, the minimum number of Parking spaces is
the sum of the requirement for each use.
3.230.8
The Development Authority may grant a variance on Parking space
requirements for a Building or Site if multiple uses are expected to share
parking spaces without conflict.
3.230.9
Where there are multiple uses on a Site inside a Shopping Centre or Lease
Bay Building, Parking spaces are calculated for the entire Shopping Centre
or Lease Bay Building, not for each individual use.
21 3357/SS-2024
113
3.240
Required Parking Spaces Table
Use
Required Parking Spaces
Above Ground Storage Tank
0.0
Accessory Building
0.0
Accessory Use
Same as if it were a Principal Use
Adult Entertainment
1.0 per 3.0 seats, with a minimum of 1.0 space for each
individual viewing area containing 3.0 seating spaces or less
Alternative or Renewable
Energy Facility
1.0 per on the Site employee on duty
Animal Services
2.0 per 93.0m2 of Gross Floor Area
Apartment
1.0 per studio or 1 bedroom unit; 1.5 per 2 bedroom unit; 2.0
per 3 bedroom unit; and
1.0 space for every 5.0 units which must be clearly identified
as guest Parking
Auction Mart
1.5 per 93.0m2 of Gross Floor Area
Backyard Suite
1.0 per suite with 2 or fewer bedrooms;
2.0 per suite with more than 2 bedrooms
Business Incubator
1.0 per 93.0m2 Gross Floor Area
Business Support Service
2.0 per 93.0m2 Gross Floor Area
Campground
1.0 per camping space, which may be part of the camping
space itself if sufficient space is provided
Cannabis Production Facility
1.0 per on the Site employee on duty
Cannabis Retail Sales
2.5 per 93.0m2 of Gross Floor Area
Capstone Existing Building
As was approved at the passing of Bylaw 3357/Q-2016 on
December 5, 2016
Cemetery
0.0
22Charitable Distribution
Centre
2.5 per 93.0m2 of Gross Floor Area
22 3357/W-2026
114
Commercial Entertainment
Facility
1.0 per 5.0 seats
Commercial School
1.0 per 8 students, based on maximum enrollment
Commercial Service Facility
2.5 per 93.0m2 of Gross Floor Area
Communication Facility
1.0 per on the Site employee on duty
Community Garden
0.0
Courtyard
0.0
Crematorium
1.0 per 93.0m2 of Gross Floor Area
Cultural Facility
2.5 per 93.0m2 of Gross Floor Area
Dangerous Goods Occupancy
0.0
Data Processing Centre
1.0 per 93.0m2 of Gross Floor Area but not less than 4.0
spaces per tenant
Day Care Facility
1.0 per 2 employees or 1.0 per 10 children (based on
maximum enrollment), whichever is greater
Detention and Correction
Services
1.0 per 93.0m2 of Gross Floor Area
Drinking Establishment (Adult
Entertainment Permitted)
1.0 per 4.0 seats
Drinking Establishment (Adult
Entertainment Prohibited)
1.0 per 4.0 seats
Drive-Through
0.0
Duplex
2.0 per unit fronting onto a public Road;
2.0 per unit fronting onto a private Road plus an additional
1.0 spaces per every 5.0 units provided as guest Parking
Eco Industrial Waste
Production or Consumption
3.0 per 93.0m2, but no less than 4.0 spaces per tenant or
establishment
Educational Institution -
Primary and Secondary
1.0 for each classroom in a primary educational institution
1.0 per 3.3 students, based on maximum occupancy in a
secondary educational institution
115
Educational Institution -
Post-Secondary
1.0 per 10 students, based on maximum enrollment; and
1.0 per 20.0m2 for community use components; and
2.0 per 93.0m2 for office components
Emergency Services
2.5 per 93.0m2 of Gross Floor Area
Emergency Shelter
2.0 per 93.0m2 of office components
Funeral Homes
1.0 per 5.0 seats
Gaming or Gambling
Establishment
1.0 space per 2.3 seats
General Contractor Services
2.0 per 93.0m2 of Gross Floor Area
Government Services
2.0 per 93.0m2 of Gross Floor Area
Greenhouse
1.5 per 93.0m2 of Gross Floor Area
Health and Medical Services
2.5 per 93.0m2 of Gross Floor Area
Home Occupation Major, Bed
and Breakfast only
1.0 per guestroom, this is in addition to the principal Dwelling
Unit Parking requirements
Home Occupation Major,
except Bed and Breakfast
1.0 for each non-resident employee on duty plus 1.0 for
business Parking. This is in addition to the principal Dwelling
Unit Parking requirements
Home Occupation Minor
0.0, this is in addition to the principal Dwelling Unit Parking
requirements
Hospital
1.0 per 93.0m2 of Gross Floor Area
Hostel
1.0 per guest room
Hotel
1.0 per guest room
House
2.0 per unit fronting onto a public Road
2.0 per unit plus 1.0 for every 5.0 units provided as guest
Parking when fronting onto a private Road
House Suite
1.0 per suite with 2 or fewer bedrooms
2.0 per suite with more than 2 bedrooms
116
Indoor Recreation Facility
5.0 stalls specific to employee Parking; and
- 6.0 per curling rink lane
- 1.0 per 10m2 Gross Floor Area of health and fitness
areas
- 1.0 per 5.0m2 of hockey rink or pool or water surface
- 3.0 per racket sport court
- 5.0 per bowling alley
- 1.0 per 5 seats in a fixed seating area
Industrial Operations
3.0 per 93.0m2, but no less than 4.0 spaces per tenant or
establishment
Industrial or Commercial
Training Facility
1.0 per 5 students, based on maximum enrollment
Information Service Provider
2.0 per 93.0m2 of Gross Floor Area
Late Night Club
1.0 per 4.0 seats
Lease Bay Building
3.0 per 93.0m2 of Gross Leasable Floor Area
Liquor, Beer, and Wine Sales
5.1 per 93.0m2 of Gross Floor Area
Low Impact Commercial Use
In addition to those required for the Dwelling Unit, the
following will be satisfied for each type of Commercial use on
the Site:
- Office - 2.0 per on the Site employee on duty
- Health and Medical Service - 2.0 per personal
consultation cubicle
- Commercial Service Facility - 2.5 per 93.0m2 Gross
Floor Area
- Merchandise Sales and Rentals - 5.1 per 93.0m2 Gross
Floor Area
Machinery Sales
5.1 per 93.0m2 of Gross Floor Area
Manufactured Home
2.0 per unit fronting onto a public Road
2.0 per unit plus 1.0 for every 5.0 units provided as guest
Parking when fronting onto a private Road
Manufactured Home Park
Same as Manufactured Home
117
Manufactured Home Sales
2.0 per 93.0m2 of Gross Floor Area
23Deleted
Merchandise Sales and
Rentals
5.1 per 93.0m2 of Gross Floor Area
Microbrewery
11.0 per 93.0m2 of seating area, plus 3.0 for employee
Parking
Mixed-Use Building
In addition to those required for the principal Dwelling Unit,
each Commercial use on the Site will provide Parking based
on the underlying use except in the R-SMU Zone where no
Parking is required for Commercial uses
Motor Vehicle Sales, Service,
or Repair
2.0 per 93.0m2 of Gross Floor Area
Off Leash Dog Park
0.0
Oilfield Support Services
2.0 per 93.0m2 of Gross Floor Area
Open Space
0.0
Outdoor Display or Sale of
Goods
5.1 per 93.0m2 of space dedicated to this use
Outdoor Recreation Facility
As required by the Development Authority
Outdoor Storage
1.0 per 93.0m2 of dedicated Outdoor Storage area but no less
than 4.0 spaces per tenant or establishment when it is a
Principal Use on a Site
0.0 spaces when it is not a Principal Use on a Site
Parking Lot
As required by the Development Authority
Parking Structure
As required by the Development Authority
Professional Office
2.0 per 93.0m2 of Gross Floor Area
Public Assembly
8.0 per 93.0m2 of Gross Floor Area or 1.0 per 6.0 seats, as
determined by the Development Authority
Recycling Depot
1.0 per 93.0m2 of Gross Floor Area
Restaurant
1.0 per 4.0 seats
Secured Facility
1.0 per 93.0m2 of Gross Floor Area
23 3357/C-2026
118
Security Suite
1.0 per Dwelling Unit
Self-Storage Facility
4.0 per 93.0m2 of Gross Floor Area
Service Organization
2.0 per 93.0m2 of Gross Floor Area
Service Station
2.0 per 93.0m2 of Gross Floor Area
Shopping Centre
3.0 per 93.0m2 of Gross Leasable Floor Area
Show Home
2.0 per Dwelling Unit
Specialty Food Services
11.0 per 93.0m2 of seating area plus 3.0 for employee Parking
Supervised Consumption
Services
1.0 per 93.0m2 of Gross Floor Area
Supporting Sales
5.1 per 93.0m2 of floor area
Supportive Living
Accommodation
0.4 per unit with a minimum of 3 spaces
Targeted Grazing
0.0
Temporary Building
Parking must meet the requirements for use occurring inside
the Building
Temporary Care Facility
1.0 per 93.0m2 of Gross Floor Area
Temporary Use
As required by the Development Authority
Townhouse
241.0 per studio or 1 bedroom unit; 1.5 per 2 bedroom unit;
2.0 per 3 bedroom unit; and
1.0 space for every 5.0 units which must be provided for
guest Parking.
Transportation Services
1.0 per employee
Utilities
0.0
Utility Facility
1.0 per employee
Warehouse
1.0 per 93.0m2 Gross Floor Area but not less than 4.0 spaces
per tenant or establishment
Waste Management Facility
1.0 per employee
Wastewater Treatment Plant
1.0 per employee
24 3357/SS-2024
119
3.241
25Parking Exceptions
3.241.1
Downtown Parking Exceptions
3.241.1.1
Despite the requirements outlined in 3.240, Residential uses
within the Greater Downtown area identified in Figure 3.241-1
require:
3.241.1.1.1
a minimum 1.0 stall per residential unit; and
3.241.1.1.2
clearly identified guest parking stalls provided at 1.0 per
5.0 units, when 5.0 or more residential units are on site.
3.241.1.2
Non-Residential Uses in the C-1 Zone do not require minimum
Parking spaces. Residential uses in the C-1 Zone will adhere to the
exceptions outlined in 3.241.1.1.
3.241.1.3
Residential uses in Capstone Zones will meet the requirements of
3.241.1.1.1, but not be required to meet the requirements of
3.241.1.1.2.
25 3357/SS-2024
120
Figure 3.241-1: Greater Downtown Boundary
121
3.250
Parking on Public Property
3.250.1
A vehicle, or any part of a vehicle, will not be left on or over any Public
Property unless it is:
3.250.1.1
in a designated Parking stall or designated Parking areas;
3.250.1.2
on any roadway or travel lane intended for the passage of vehicles
and where not otherwise prohibited; or
3.250.1.3
on Public Property in accordance with a license from, or the
express approval of, the City.
3.260
General Parking Regulations
3.260.1
General Parking Regulations apply to on the Site Parking in all Zones
including, but not limited to, Parking Lots, Parking Structures, Parking Pads,
Driveways, and other areas used for Parking.
3.260.2
All Parking areas must have clear driving aisles for easy access to individual
Parking spaces.
3.260.3
All Parking areas, except those approved
on a temporary basis, must be paved or
finished with a hard surface.
3.260.4
Where a Front Yard Parking Pad or
Driveway is accessed from a hard
surfaced Road, the Parking Pad or
Driveway must have a hard surface.
3.260.5
Parking Pads or Driveways will not be placed such that, in the Development
Authority's opinion, they interfere with intentional pedestrian crossings
such as intersections, crosswalks, or other similar pedestrian crossing areas.
3.260.6
The Development Authority has discretion to require curbs, concrete
bumpers, fences, or curb stops in any Parking area.
3.260.7
Parking areas must be physically separated from any Landscaped Areas
using curb stops or any other means satisfactory to the Development
Authority.
3.260.8
Parking spaces, excluding those in Parking Lots and Parking Structures, will
satisfy the following minimum requirements:
Parking Stall Regulation
Minimum Requirement
Typical examples of hard
surfacing for Parking areas,
Parking Pads, and Driveways
can include concrete, asphalt,
and pavers.
122
Width
2.7m
Length (angled or
perpendicular)
5.5m
Length (parallel)
6.7m
123
3.260.9
Parking spaces in Parking Lots and Parking Structures will satisfy the
following minimum requirements:
Figure 3.260-1: Parking Space Dimensions
A
B
C
D
E
Parking
Angle
Stall
Width
Parking
Aisle Depth
Overall
Depth
Driving Aisle
0°
2.9m
2.9m
9.3m
3.5m (one-way)
30°
2.7m
5.0m
13.5m
3.5m (one-way)
45°
2.7m
5.7m
15.4m
4.0m (one-way)
60°
2.7m
6.0m
17.5m
5.5m (one-way)
90°
2.7m
5.5m
18.0m
7.0 m (two-way)
124
3.270
Parking Regulations for Commercial and Industrial Developments,
Townhouses, and Apartments
3.270.1
Parking spaces may be on another Site, but not more than 100.0m away
from the Building or use they serve.
3.270.2
When Parking is provided on a separate Site, the Development Authority
may require the landowner to permanently secure the Parking by a
restrictive covenant or other title obligation enforceable by the City.
3.270.3
Parking aisles must be a maximum 105.0m in length.
3.270.4
Parking aisles must have curbed islands at each end, no less than 1.0m in
width.
3.270.5
Parking Lots with more than 200 Parking spaces must be configured into
smaller cells by use of interior landscaping, drive lanes, and Walkways.
3.270.6
Walkways in Parking lots with more than 200 Parking spaces must be at
least 1.2m wide, oriented for safe pedestrian flow and integrated with
nearby trail systems or Sidewalks.
3.270.7
Walkways are required:
3.270.7.1
from Commercial and publicly-serving Developments to any
Abutting transit stops and Sidewalks;
3.270.7.2
from Apartments or Mixed-Use Buildings to the nearest Sidewalk;
3.270.7.3
between all Principal Buildings in multiple Building Developments.
3.270.8
Wheel stops must be provided a minimum of 0.6m from the front the of a
Parking stall for all Parking spaces Adjacent to a Walkway or in front of a
Building, but does not apply if the Walkway is barrier-free, at least 1.2m in
width, and is wider than the City's minimum required Sidewalk.
3.270.9
Commercial Developments must have sufficient stacking and queuing lanes
for vehicles to prevent traffic hazards or disruptions on public Roads.
3.270.10
Except for Capstone Zones, Parking for each use must be near the entrance
of the corresponding Building.
125
3.280
Parking Regulations for Areas in the Greater Downtown
3.280.1
Despite sections 3.260 and 3.270, Parking areas in the boundaries defined
in the Greater Downtown Action Plan and illustrated in Figure 3.280-1 will
meet the regulations of section 3.280 instead.
3.280.2
Parking areas must have concrete curb stops around the area perimeter,
where the perimeter abuts the narrow edge of a Parking space.
3.280.3
When a stormwater sewer is Adjacent to a Parking area, the Development
Authority may require on the Site catch basins or connections to the City's
stormwater sewer system.
3.280.4
The Development Authority may require waste containers.
3.280.5
Lighting is provided to a standard such that:
3.280.5.1
ground-oriented pedestrian scale lighting identifying pedestrian
routes and Illuminating the Site is required;
3.280.5.2
lighting must be placed and arranged to avoid:
3.280.5.2.1
directing light at Abutting Sites;
3.280.5.2.2
interfering with traffic control devices.
3.280.6
Landscaping is provided to a standard such that:
3.280.6.1
a 1.5m wide Landscaped Area must be installed between a curb or
Sidewalk and a Parking area, incorporating trees, shrubs, sod, and
decorative rock; and
3.280.6.2
the Development Authority may require corner island landscaping
and planting beds; and
3.280.6.3
City owned trees and shrubs may not be removed or damaged to
facilitate construction of a Parking area, without the prior approval
of the Development Authority issued through a permit; and
3.280.6.4
all top soiled areas are to be sodded or be decorative rock; and
3.280.6.5
landscaping for Parking areas meets the following landscaping
requirements:
126
PERIMETER LANDSCAPING
Parking Areas
Minimum Landscaping
Requirement
Permanent Parking area
(dual Road Frontage)
1 tree and 2 shrubs per 7.5
stalls
Permanent Parking area
(single Road Frontage)
1 tree and 2 shrubs per 10
stalls
Temporary Parking area
(dual Road Frontage)
1 tree and 1 shrub per 10
stalls
Temporary Parking area
(single Road Frontage)
1 tree and 1 shrub per 12.5
stalls
Parking areas of 10 Parking
stalls or more supporting an
existing Development
1 tree and 1 shrub per 10
stalls
Above ground Parking
Structures
Subject to Development
Authority discretion
INTERIOR LANDSCAPING
Parking Areas
Minimum Landscaping
Requirement
Permanent Parking of 100
Parking stalls or more
1 interior tree per 15 stalls
All interior trees will be
contained in underground
pre-cast planter boxes.
3.280.6.6
deciduous trees have a minimum caliper measurement of 0.06m,
measured 0.45m from ground level; and
3.280.6.7
coniferous trees will have a minimum height of 2.5m; and
3.280.6.8
deciduous and coniferous shrubs will be of #2 Container Class;
127
Figure 3.280-1: Greater Downtown Boundary
128
3.290
Driveways and Parking Pads in Residential Zones
3.290.1
Section 3.290 applies to all Houses, Duplexes, and Townhouses with Front
Boundary access in Residential Zones.
3.290.2
Side-by-side Sites with front Driveways, Parking Pads, or both must group
them in pairs as shown in Figure 3.290-1.
Figure 3.290-1: Side-by-Side Parking Layout
3.290.3
Exceptions
3.290.3.1
If there are an odd number of Abutting Sites, the Side Yard
Driveway or Parking Pad must be set back a minimum of 3.15m on
the unpaired side. This cannot be varied by the Development
Authority.
3.290.3.2
The Side Yard Driveway or Parking Pad of a proposed Dwelling Unit
must be set back a minimum of 3.15m if:
3.290.3.2.1
it is in a Developed Area; and
129
3.290.3.2.2
it shares a Side Boundary with an existing Dwelling
Unit;
3.300
Fire Hydrant Clearance Requirements
3.300.1
Where a fire hydrant is located on, or adjacent to, a Site, the landowner of
the Site must:
3.300.1.1
maintain a minimum 1.0m clearance on each side of the fire
hydrant;
3.300.1.2
not permit anything to be constructed, erected, or placed within
the clearance area;
3.300.1.3
not permit anything except grass to be planted in the clearance
area;
3.300.1.4
maintain visibility of hydrants from the nearest Road or Lane.
3.300.2
Subsection 3.300.1 cannot be varied by the Development Authority.
3.310
Accessible Parking
3.310.1
Requirements for accessible Parking will apply to all Development Permit
applications for:
3.310.1.1
Developments in Commercial and public service Zones;
3.310.1.2
Apartment Developments which have a shared or common
entrance.
3.310.2
Barrier-free Parking may be supplied as part of, not in addition to, the
minimum Parking space requirements in this Bylaw.
3.310.3
Concrete curb stops must be provided for all Parking spaces Adjacent to all
Walkways fronting commercial, public service and Apartment Development
entrances. Such curb stops will be set back a sufficient distance from the
Walkways to prevent vehicles from projecting over the Walkway.
3.310.4
Walkways along the front, rear and side of Commercial Developments,
public service Developments and Apartments will be free of obstructions
and architectural features that would impede access and travel for persons
with mobility challenges.
3.310.5
Ramps will be constructed on Walkways along the front, rear or side of
Commercial Developments, public service Developments and Apartments,
130
wherever required to ensure that such Walkways are accessible to persons
with mobility challenges.
3.310.6
Walkways must be provided:
3.310.6.1
from Commercial and public service Developments to any
Adjacent transit stops and Sidewalks;
3.310.6.2
from Apartments to the nearest Sidewalk;
3.310.6.3
between all Principal Buildings in multiple Building Developments.
3.310.7
An application for a Development Permit for a Development in a
Commercial, public service or Residential Zone allowing for Apartments
that is to provide for accessibility is subject to the approval of the
Development Authority, which may impose additional specific obligations
similar to the foregoing to ensure that Walkways are accessible.
3.310.8
The Development Authority may grant a variance to any of the Section
3.310 regulations if:
3.310.8.1
the Development is a minor change to an existing Commercial
Development, publicly serving Development or Apartment, such as
an architectural modification, modified Signs, a change in
elevations, the installation of a shed or seasonal garden centre, or
the construction of a new front entrance;
3.310.8.2
the Development does not include an expansion of, or an
amendment to, an approved Site Plan;
3.310.8.3
for Parking space curb stops, if an adjoining Sidewalk is of
sufficient width to manage both vehicle overhang and accessibility
by persons with mobility challenges.
3.320
Loading Spaces
3.320.1
The minimum required number of loading spaces in:
3.320.1.1
Commercial Zones will be 1 loading space opposite each loading
door with a minimum of 1 provided;
3.320.1.2
I-1 and I-2 Zones will be 1 loading space opposite each loading
door with a minimum of 1 for each 1,858.0m2 of floor space
provided;
131
3.320.1.3
I-C Zones will be determined by the Development Authority, based
on the makeup of planned uses, whether alignment with the
Commercial Zone requirements in subsection 3.320.1.1 or the I-1
and I-2 Zone requirements in subsection 3.320.1.2 are more
appropriate.
3.320.2
In the C-3 Zone, a loading space may also double as a Parking space, subject
to Development Authority approval.
3.320.3
Loading spaces must be:
3.320.3.1
on the same Site as the Building or use;
3.320.3.2
designed, placed, and constructed so it is:
3.320.3.2.1
reasonably accessible to any vehicle intended to use it;
3.320.3.2.2
properly maintained; and
3.320.3.2.3
satisfactory to the Development Authority in size,
shape, location, and construction.
3.320.3.3
at least 2.7m wide, having an area of at least 29.0m2, and have an
overhead clearance of at least 3.6m;
3.320.3.4
including the Driveway providing access to it, surfaced as required
by the Development Authority and kept free of obstructions.
3.320.4
Loading spaces situated in a Setback distance from a Road or lane will not
be counted for the purposes of section 3.320.
3.330
Objects Prohibited in Yards
3.330.1
Restrictions in Residential Zones
3.330.1.1
A motor vehicle other than a passenger vehicle may only be
parked or occupied on a Site for as long as it is necessary to load or
unload, except:
3.330.1.1.1
1 Commercial vehicle may be parked in the Rear Yard if
its gross vehicle weight rating is less than 4,500 kg;
3.330.1.1.2
only 1 Commercial motor vehicle, Trailer, or
Recreational Vehicle may be parked on a Site;
132
3.330.1.1.3
the following vehicles may be parked or occupied on a
Driveway or Parking Pad in the Front Yard between the
following dates:
Vehicle type
Dates in any year
Recreational Vehicle
April 1st to October 31st
Non-Commercial Trailer used to transport off-road
vehicles (excluding snowmobiles) or watercraft
April 1st to October 31st
Non-Commercial Trailer used to transport
snowmobiles
November 1st to April 30th
3.330.1.2
The following must not be parked in any Yard of a Site:
3.330.1.2.1
a motor vehicle used for stock car races;
3.330.1.2.2
a motor vehicle with all or part of the superstructure
removed;
3.330.1.2.3
a motor vehicle in dilapidated or unsightly condition.
3.330.1.3
A motor vehicle must not be parked in a Front Yard except on a
Driveway or Parking Pad.
3.330.2
Restrictions for Recreational Vehicles
3.330.2.1
A Recreational Vehicle may be used for occupancy if it is placed:
3.330.2.1.1
in an approved Campground;
3.330.2.1.2
at the Westerner Exposition Site (Lot 5, Block 1, Plan
822 2274 and Plan 615LZ) if their Site Campground is
full or if exhibitors need to be close to Site facilities;
3.330.2.1.3
in the Parking area of a Public Assembly, Educational
Institution - Primary and Secondary, Public Assembly -
Post-Secondary, Indoor Recreation Facility, Outdoor
Recreation Facility, Commercial School, or Hotel with
conference or convention facilities, where the Site
meets the regulations of subsections 3.330.2.2 and
3.330.2.3;
3.330.2.1.4
on a Site in a Residential Zone for up to 48 hours
between April 1st and October 31st each year if:
133
3.330.2.1.4.1
no rent or fees are paid to use the Site
or facilities; and
3.330.2.1.4.2
the period must not be more than 30
days unless the Development Authority
gives prior approval as a Temporary Use.
3.330.2.2
For a Site listed under subsection 3.330.2.1.3 to be used for
Recreational Vehicle parking, the landowner of the Site must:
3.330.2.2.1
have given consent and the occupant is attending a
function or event on that Site;
3.330.2.2.2
ensure compliance with all City bylaws; and
3.330.2.2.3
not charge a fee for Parking overnight.
3.330.2.3
For a Site listed under subsection 3.330.2.1.3 to be used for
Recreational Vehicle parking, overnight parking on the Site will be
a maximum of:
3.330.2.3.1
2 consecutive nights without the Development
Authority's approval; and
3.330.2.3.2
2 occasions per calendar month without the
Development Authority's approval.
134
Part 4 Regulations for Specific Uses & Activities
4.10
Permitted and Discretionary Uses in All Zones
4.10.1
The following uses are to be considered as Permitted Uses or Discretionary
Uses, as applicable, in all Zones except Direct Control Zones as outlined,
acting as additional use permissions to those found in the underlying Zone:
4.10.1.1
Permitted Uses in All Zones
4.10.1.1.1
Accessory Use
4.10.1.1.2
Building Sign
4.10.1.1.3
Community Garden
4.10.1.1.4
Freestanding Sign
4.10.1.1.5
Utilities
4.10.1.1.6
26Excavation, Stripping, and Grading
4.10.1.2
Discretionary Uses in All Zones
4.10.1.2.1
Any Residential Development legally existing at the
passing of this Bylaw that is no longer a listed use will
continue as a Discretionary Use duly approved by the
Development Authority
4.10.1.2.2
Courtyard
4.10.1.2.3
Emergency Services
4.10.1.2.4
27Deleted
4.10.1.2.5
Temporary Building
4.10.1.2.6
Temporary Use
4.10.1.2.7
Utility Facility
4.10.2
Overlays or site exceptions outlining Permitted Uses, Discretionary Uses, or
prohibited uses prevail over section 4.10 in the event of a conflict.
26 3357/R-2026
27 3357/R-2026
135
4.20
Temporary Uses
4.20.1
A Development Permit for a Temporary Use may be granted with the
following considerations:
4.20.1.1
subsection 4.20.1 cannot be varied by the Development Authority.
4.20.1.2
uses or activities deemed by the Development Authority with
similar planning impact to any of the categories listed in
subsections 4.20.1.3 to 4.20.1.7 will be treated the same as the
category they are deemed to be similar to.
4.20.1.3
Uses Not Considered as a Temporary Use in any
Residential Zone
4.20.1.3.1
Above Ground Storage Tank
4.20.1.3.2
Agriculture
4.20.1.3.3
Alternative or Renewable Energy Facility
4.20.1.3.4
Animal Services
4.20.1.3.5
Auction Mart
4.20.1.3.6
Campground
4.20.1.3.7
Cannabis Production Facility
4.20.1.3.8
Cannabis Retail Sales
4.20.1.3.9
Cemetery
4.20.1.3.10
28Charitable Distribution Centre
4.20.1.3.11
Crematorium
4.20.1.3.12
Detention or Correction Services
4.20.1.3.13
Drinking Establishment (Adult Entertainment
Permitted)
4.20.1.3.14
Eco Industrial Waste Production or Consumption
4.20.1.3.15
General Contractor Services
4.20.1.3.16
Hospital
4.20.1.3.17
Industrial Operations
28 3357/W-2026
136
4.20.1.3.18
Industrial or Commercial Training Facility
4.20.1.3.19
Late Night Club
4.20.1.3.20
Machinery Sales
4.20.1.3.21
Microbrewery
4.20.1.3.22
Oilfield Support Services
4.20.1.3.23
Outdoor Display or Sale of Goods
4.20.1.3.24
Outdoor Storage
4.20.1.3.25
Parking Structure
4.20.1.3.26
Recycling Depot
4.20.1.3.27
Security Suite
4.20.1.3.28
Self-Storage Facility
4.20.1.3.29
Supervised Consumption Service
4.20.1.3.30
Supporting Sales
4.20.1.3.31
Warehouse
4.20.1.3.32
Waste Management Facility
4.20.1.3.33
Wastewater Treatment Plant
4.20.1.4
Uses Not Considered as a Temporary Use in any
Commercial Zone, Capstone Zone, PS, PS-I, or PS-R
Zone
4.20.1.4.1
Alternative or Renewable Energy Facility, except in
the PS-I Zone
4.20.1.4.2
Cannabis Production Facility
4.20.1.4.3
Cemetery
4.20.1.4.4
Crematorium
4.20.1.4.5
Detention or Correction Services, except in the PS
Zone
4.20.1.4.6
Dwelling Unit of any form, except as a Security Suite
or where it is already identified as a Permitted Use or
Discretionary Use in the Zone
4.20.1.4.7
Eco Industrial Waste Production or Consumption
137
4.20.1.4.8
Industrial Operations
4.20.1.4.9
Supervised Consumption Service
4.20.1.4.10
Waste Management Facility
4.20.1.4.11
Wastewater Treatment Plant
4.20.1.5
Uses Not Considered as a Temporary Use in any
Industrial Zone
4.20.1.5.1
Cemetery
4.20.1.5.2
Day Care Facility
4.20.1.5.3
Dwelling Unit of any form, except Security Suite
4.20.1.5.4
Hostel
4.20.1.5.5
Hotel
4.20.1.5.6
Secured Facility
4.20.1.5.7
Supervised Consumption Service
4.20.1.5.8
Supportive Living Accommodation
4.20.1.5.9
Temporary Care Facility
4.20.1.6
Uses Not Considered as a Temporary Use in the P-1
Zone
4.20.1.6.1
Auction Mart
4.20.1.6.2
Cannabis Production Facility
4.20.1.6.3
Cemetery
4.20.1.6.4
Crematorium
4.20.1.6.5
Detention or Correction Services
4.20.1.6.6
Drive-Through
4.20.1.6.7
Dwelling Unit of any form, except Security Suite
4.20.1.6.8
Eco Industrial Waste Production or Consumption
4.20.1.6.9
Hospital
4.20.1.6.10
Hostel
4.20.1.6.11
Hotel
138
4.20.1.6.12
Industrial Operations
4.20.1.6.13
Microbrewery
4.20.1.6.14
Oilfield Support Services
4.20.1.6.15
Recycling Depot
4.20.1.6.16
Secured Facility
4.20.1.6.17
Supervised Consumption Service
4.20.1.6.18
Supportive Living Accommodation
4.20.1.6.19
Temporary Care Facility
4.20.1.7
Only the Following Uses or Activities are Considered
for a Temporary Use in the A-2 Zone
4.20.1.7.1
portable washrooms
4.20.1.7.2
Indoor Recreation Facility
4.20.1.7.3
Government Services
4.20.1.7.4
Public Assembly
4.20.2
A Development Permit for a Temporary Use:
4.20.2.1
may be approved for a maximum of
2 years;
4.20.2.2
must not be approved if, because of
previous Development Permits for
the same Temporary Use, it would
allow a Temporary use to exist on a
Site for more than 6 years, except:
4.20.2.2.1
Parking Lots, which may not exist on a Site as a
Temporary Use for more than 10 years.
4.20.3
A Temporary Use must not impair the Site for future Development of a use
listed for the Zone and the Development Authority may require the
applicant to:
4.20.3.1
as part of the Development Permit application, to provide a plan to
remove the Temporary Use and restore the Site to its original
condition; and
A Development Permit for a
Temporary Use may only be
approved for 2 years at a
time. A new permit is
required every 2 years,
subject to subsection
4.20.2.2.
139
4.20.3.2
as a condition on the Development Permit, to provide security to
ensure the Temporary Use is removed and the Site is returned to
its original.
4.20.4
When compliance with landscaping or hard-surfacing regulations would
cause undue hardship for the final build-out of Development of a
permanent nature on the Site, the Development Authority may vary the
landscaping and hard-surfacing regulations for the Temporary Use.
4.20.5
The Development Authority has discretion to determine the on the Site
Parking requirements for a Temporary Use.
4.20.6
A Temporary Use application may be refused if, in the opinion of the
Development Authority, the anticipated noise, odours, dust, fumes, traffic,
parking, lights, or other factors created by the Temporary Use would
interfere with the use and enjoyment of, or unreasonably disturb people on
other Sites in the neighbourhood.
4.30
Accessory Buildings
4.30.1
Where an applicant proposes to have a roofed and heated Accessory
Building attached to a Building, it will not be considered as an Accessory
Building, but as an extension of the Building, except:
4.30.1.1
if the proposed Accessory Building is a Garage, it will be
considered as an extension of the Principal Building if it is attached
directly to the Building regardless of if the Garage is heated or not.
4.30.2
29An Accessory Building must :
4.30.2.1
not be placed in a Road-facing Side Yard closer to the Boundary
than the minimum Site Setback;
4.30.2.2
not impede access to Utilities for servicing or shutoffs, and
4.30.2.3
where it is on a permanent foundation and a registered utility right
of way or easement exists along the Boundary, be set back from
that Boundary a minimum of 0.9m, or the width of the utility right
of way or easement plus 0.5m, whichever is larger.
4.30.3
Where the Accessory Building is a detached Garage, the following Setbacks
will apply:
29 3357/C-2026
140
4.30.3.1
when accessed from a lane, the detached Garage must be set back
from the Boundary Abutting the lane a minimum of 0.9m, or the
width of any registered utility right of way or easement plus 0.5m,
whichever is larger; or
4.30.3.2
when accessed from a Road, the detached Garage must be set
back a minimum 6.0m from the Sidewalk edge. If there is no
Sidewalk, Setback must be a minimum of either 2.4m from the
Boundary, or the width of any utility right of way or easement plus
0.5m, whichever is larger.
4.30.4
In Residential Zones, Accessory Buildings must not:
4.30.4.1
be more than 1 storey or 5.0m in height;
4.30.4.2
occupy more than ⅔ of the width of the Rear Yard, except in an R-
N Zone where it may be ⅔ of the width of the Rear Yard or 7.3m,
whichever is greater, provided it otherwise complies with the Side
Yard Setback;
4.30.4.3
be in the Front Yard;
4.30.4.4
be placed within 0.9m of the Side or Rear Boundary; except they
may sit on or cross over a side Boundary common to 2 Abutting
Sites if the Accessory Building serves the 2 Abutting Sites;
4.30.4.5
be used as a dwelling, except for Backyard Suites.
4.40
Adult Entertainment
4.40.1
Where an Adult Entertainment establishment contains an adult mini-
theatre, the adult mini-theatre must have a viewing area capacity of less
than 20 seats.
4.50
Backyard Suites
4.50.1
There may only be 1 Backyard Suite or House
Suite per House;
4.50.2
There may only be 1 Backyard Suite per
Manufactured Home on the same Site;
4.50.3
A Backyard Suite must not be:
A Backyard Suite is a separate
living unit in the Backyard of a
property. Other common
names include carriage home,
laneway house, Garage suite,
or garden suite.
141
4.50.3.1
converted to a condominium that is separate from the principal
Dwelling Unit; or
4.50.3.2
subdivided from the existing Site.
4.50.4
30Sections 4.50.1, 4.50.2, and 4.50.3 and 4.50.5 cannot be varied by the
Development Authority.
4.50.5
31The maximum combined total of Backyard Suites and House Suites per
neighbourhood is equal to 15% of the Houses in the same neighbourhood.
Figure 4.50-1 sets out the neighbourhood boundaries that apply.
4.50.6
Despite subsection 4.50.5, there is no maximum number of Backyard Suites
in the Timberlands North neighbourhood as outlined in Figure 4.50-1, but a
maximum of 15% of the Houses in the Timberlands North neighbourhood
may have House Suites.
4.50.7
A Backyard Suite must:
4.50.7.1
be placed only in a Side Yard or Rear Yard; and
4.50.7.2
be constructed or placed on a permanent or temporary
foundation.
4.50.8
A Backyard Suite must not:
4.50.8.1
co-exist on a Site with a Home Occupation Major unless the
Backyard Suite is solely used by the Home Occupation Major for a
Bed and Breakfast;
4.50.8.2
co-exist on a Site with a Day Care Facility;
4.50.8.3
be developed on the same Site as a Zero Lot Line; or
4.50.8.4
be constructed on a chassis capable of being fitted with wheels,
unless in the R-MH Zone.
4.50.9
A Backyard Suite may:
4.50.9.1
only be on a Corner Site or a Site with a lane; and provided
maximum height requirements are still met, be placed at any
Grade elevation, including allowance for basement components;
and
4.50.9.2
be either:
30 3357/M-2025
31 3357/V-2026
142
4.50.9.2.1
incorporated into a detached Garage; or
4.50.9.2.2
constructed as a stand-alone Accessory Building.
4.50.10
32Backyard Suite Dimensions
Category
Regulations
Site Area
Minimum: 360.0m2
Site Frontage
33As required for the Principal Use the Backyard Suite is
accessory to, under the Zone regulations for the Site.
Building Height
No taller than the principal Dwelling Unit to a maximum
of:
-
5.5m for Backyard Suites built at Grade;
-
7.4m for Backyard Suites built over a Garage.
Floor Area
Maximum: 75% of the Building Footprint of the
principal Dwelling Unit, or 75m2 whichever is lower.
Side Yard Setback
Minimum: Same as Site's Zone regulation
Rear Yard Setback
Minimum: the larger of:
- 0.9m, or
- the width of any registered easement or right of
way plus 0.5m
Separation Distance between
Backyard Suite and principal
Dwelling Unit
Minimum: 2.5m. This regulation must not be varied by
the Development Authority.
Variance Powers
Any regulation in the bylaw relating to Backyard Suites
must not be relaxed by the Development Authority by
more than 10% in the following neighbourhoods:
Parkvale, Waskasoo, Woodlea, Riverside Meadows, and
Westpark North, South, East and West.
The 15% maximum for the number of House Suites plus
Backyard Suites set out in sections 4.50.5 and 4.140.5
shall not be varied.
32 3357/M-2025
33 3357/SS-2024
143
4.50.11
Windows must be placed and sized to minimize overlook into Yards and
windows of the nearest Adjacent Rear Yard and Abutting Side Yard spaces
by:
4.50.11.1
off-setting windows to limit direct view;
4.50.11.2
placing Accessory Buildings or landscaping strategically; and
4.50.11.3
placing larger windows, such as living room windows, so they face
a lane, flanking Road, or the larger of any Side Yard Abutting
another Site.
4.50.12
Decks are only allowed if they face a lane, flanking Road, or the principal
Dwelling Unit.
4.50.13
Rooftop balconies are not allowed.
4.50.14
34In Parkvale, Woodlea, and Waskasoo, Riverside Meadows and Westpark
North, South, East and West neighbourhoods, Backyard Suites shall be
subject to the applicable neighbourhood Character Statement or Overlay.
34 3357/M-2025
144
Figure 4.50-1: Neighbourhood Boundaries
145
4.60
Cannabis Retail Sales
4.60.1
A Cannabis Retail Sales use must:
4.60.1.1
not allow consumption of Cannabis on the Site;
4.60.1.2
not have a Drive-Through;
4.60.1.3
be protected by a professionally installed and supervised alarm
system;
4.60.1.4
have a digital camera security system;
4.60.1.5
only operate between 10:00 a.m. and 10:00 p.m.
4.60.2
A unit containing Cannabis Retail Sales must not include another use or
allow Accessory Uses in the same unit.
4.60.3
Cannabis Retail Sales must not co-exist on a Site or be Adjacent to a Site
with a:
4.60.3.1
retail sale of tobacco or pharmaceuticals;
4.60.3.2
Drinking Establishment (Adult Entertainment Prohibited);
4.60.3.3
Drinking Establishment (Adult Entertainment Permitted);
4.60.3.4
Microbrewery;
4.60.3.5
Liquor, Beer, and Wine Sales.
4.60.4
A Cannabis Retail Sales use must be a minimum 150.0m away from:
4.60.4.1
the Site Boundary of a school operated by the Red Deer Public
School District, Red Deer Regional Catholic Schools, or Conseil
Scolaire Centre-Nord;
4.60.4.2
the occupied floor area of another Cannabis Retail Sales use;
4.60.4.3
the occupied floor area of a Day Care Facility;
4.60.4.4
the Site Boundary of a City-operated Indoor Recreation Facility;
4.60.4.5
the Site Boundary of an "approved hospital" as defined by the
Hospitals Act, including the Red Deer Regional Hospital Centre and
the Central Alberta Cancer Centre;
4.60.4.6
the Boundary of a Site designated as school reserve or municipal
reserve and planned for use as a school under the Education Act,
except for early childhood services programs or homeschool Sites.
146
4.60.5
The distance requirement of subsection 4.60.4 is measured in a straight line
from the occupied floor area of the Cannabis Retail Sales use and cannot be
varied by the Development Authority.
4.60.6
The business name must be prominently displayed with Signs at all public
access points for the use.
4.60.7
All functions must be fully enclosed inside the Building.
4.60.8
Waste containers, waste material, and loading facilities must be fully
enclosed inside the Building.
4.60.9
Outdoor Storage or Outdoor Display areas are not allowed on the Site.
4.60.10
The business must not create odour, noise, light, or other nuisances that
negatively impact Adjacent Sites or the surrounding area.
4.70
Crematorium
4.70.1
The use of a Crematorium, retort or cremation chamber must not result in
any noise, odor, smoke, or other nuisance which emanates beyond the
Boundary of the Site on which the use takes place.
4.80
Day Care Facility in a Residential Zone
4.80.1
Section 4.80 does not apply to facilities providing care or supervision for up
to 6 children in a day, not including the operator's own children.
4.80.2
A Day Care Facility must have a Building exterior compatible with the
character of the neighbourhood if it is in a Residential Zone.
4.80.3
In a Zone where a Day Care Facility is listed as a Discretionary Use, the
Development Officer may consider factors including but not limited to:
4.80.3.1
proximity to other uses that impact traffic and parking;
4.80.3.2
location on the block and in the neighbourhood; or
4.80.3.3
the Road classification.
4.80.4
R-L, R-W, R-N, R-A, R-MH, or R-D Zone Specific Regulations
4.80.4.1
A Day Care Facility must only be on 1 of the following types of
Sites:
4.80.4.1.1
a Corner Site; or
147
4.80.4.1.2
where within the Immediate Road Context there is
Parking available on 1 side of the Road; or
4.80.4.1.3
where the Front Boundary or Side Boundary is on the
same block as:
4.80.4.1.3.1
a Site zoned PS, P-1, or a municipal
reserve Site that is at least 10.0m wide;
and
4.80.4.1.3.2
where on-Road parking is allowed.
4.80.4.1.4
a Site where the Side Boundary or Rear Boundary Abuts
or is within 10.0m of the Boundary of a Site in a
Commercial or Industrial Zone.
4.80.4.2
A Day Care Facility must not co-exist on a Site with a House Suite
or a Backyard Suite.
4.90
Day Care Facility in a non-Residential Zone
4.90.1
No part of a Day Care Facility, including the Building bay and on the Site
outdoor play space, may be Adjacent to a Building bay with a Development
Permit for:
4.90.1.1
Motor Vehicle Sales, Service, or Repair;
4.90.1.2
Funeral Home or Crematorium;
4.90.1.3
General Industrial Uses;
4.90.1.4
Cannabis Retail Sales;
4.90.1.5
Detention and Correction Services;
4.90.1.6
Drinking Establishment (Adult Entertainment Permitted);
4.90.1.7
Temporary Care Facility;
4.90.1.8
Service Station;
4.90.1.9
Supervised Consumption Services.
4.90.2
The Day Care Facility design must be to the satisfaction of the Development
Authority. The design of the Building, entrances, play spaces, Landscaped
Areas, fencing, or other elements should mitigate Site conditions that could
negatively impact the Day Care Facility.
148
4.90.3
Outdoor play space at ground level:
4.90.3.1
is allowed in any Yard; and
4.90.3.2
must be fenced on all sides; except it does not require fencing
where the proposed outdoor play space shares existing play
equipment on Sites Zoned P-1 or if an exemption is permitted by
the Government of Alberta; and
4.90.3.3
must have self-latching gates.
4.90.4
Outdoor play space above the first level on a Rooftop Terrace, balcony, or
similar, must:
4.90.4.1
have a secure perimeter with guard rails, Parapet Walls, or a
combination of both that is at least 1.83m high and consistent with
the architectural materials and style of the Building; and
4.90.4.2
be designed so any mechanical equipment or exhaust systems will
not cause issues such as noise, fumes, or safety; and
4.90.4.3
be designed to the satisfaction of the Development Authority.
4.100
Drinking Establishment
4.100.1
When considering an application for a Drinking Establishment (Adult
Entertainment Prohibited) or Drinking Establishment (Adult Entertainment
Permitted) as either an Accessory Use or Principal Use, the Development
Authority must:
4.100.1.1
refer the application to the RCMP for comment; and
4.100.1.2
if the application is in the boundary of the downtown Business
Improvement Area, notify the Downtown Business Association;
and
4.100.1.3
require that the applicant provide:
4.100.1.3.1
adequate Parking; and
4.100.1.3.2
adequate outside lighting in the area; and
4.100.1.3.3
an impact statement with a plan to prevent negative
effects on the adjoining neighbourhood from noise or
visual disruption from the Drinking Establishment.
4.100.2
A Drinking Establishment (Adult Entertainment Permitted) must not:
149
4.100.2.1
display nudity or partial nudity on the exterior of the Building; or
4.100.2.2
be on a Site within 150.0m of:
4.100.2.2.1
the Boundary of a Residential Site; or
4.100.2.2.2
any Site with an existing Government Service use,
Cultural Facility, Educational Institution Primary or Post
Secondary, Hospital, Emergency Service use, Public
Assembly, or Detention and Correction Services; or
4.100.2.2.3
an Open Space Site.
4.110
Drive-Through
4.110.1
Any Development with a Drive-Through must:
4.110.1.1
have windows serving vehicle patrons placed at the rear or side of
the Building;
4.110.1.2
have the location, orientation, and Setback of Drive-Through
service windows approved by the Development Authority;
4.110.1.3
minimize on the Site and off the Site traffic impacts;
4.110.1.4
consider safety and the pedestrian environment;
4.110.1.5
meet the City's engineering standards for inbound queueing space
requirements for customers lining up at the window.
4.115
35Garage Sales
4.115.1
There may not be more than 3 Garage Sale events per year from any 1
Dwelling Unit.
4.120
Home Occupation Major
4.120.1
The Development Officer will review if the intensity of the Home
Occupation Major is compatible with the Residential area or if it would be
more appropriate in a Commercial or Industrial Zone.
4.120.2
A Home Occupation Major must be operated by a resident of the Dwelling
Unit.
35 3357/SS-2024
150
4.120.3
Home Occupation Major may have more than 1 business associated visit at
a time to the Site, this includes drop-offs, pick-ups, deliveries, and visits
from customers or consultants.
4.120.4
Home Occupation Major includes Bed and Breakfasts, but not short-term
rentals.
4.120.5
A Dwelling Unit may only have 1 Home Occupation Major.
4.120.6
A Home Occupation Major must not:
4.120.6.1
have more than 2 non-resident employees or business partners
working on the Site at any one time;
4.120.6.2
engage in outdoor business activity that creates nuisances, such as
noise, odours, dust, or fumes, beyond the Site Boundary;
4.120.6.3
store materials or equipment outdoors on the Site;
4.120.6.4
have more than 1 commercial vehicle used by the business parked
on the Site or any Road Adjacent to the Site;
4.120.6.5
change the principal character or external appearance of the
Dwelling Units or Site.
4.120.7
A Home Occupation Major may:
4.120.7.1
be located in a Dwelling Unit, Accessory Building, or a combination
of both;
4.120.7.2
engage in business activity outdoors on the Site.
4.120.8
A Home Occupation Major may only have 1 Building Sign, attached to the
Façade of the principal Dwelling Unit or Accessory Building. The Sign must
not:
4.120.8.1
have a Copy Area larger than 0.27m2;
4.120.8.2
be Illuminated; or
4.120.8.3
be constructed of any materials which may deteriorate quickly in
inclement weather or be considered unsightly by the Development
Authority because of its haphazard construction, evidence of
decay, unstable conditions, or use of perishable materials.
4.120.9
Bed and Breakfasts
4.120.9.1
Location
151
4.120.9.1.1
A Bed and Breakfast is only allowed in a House or
Duplex if it is a Permitted or Discretionary Use in that
Zone.
4.120.9.1.2
A Bed and Breakfast is not allowed on the same Site as
a Backyard Suite or House Suite, unless the Backyard
Suite or House Suite is solely use as a Bed and
Breakfast.
4.120.9.2
Guests and services
4.120.9.2.1
The following regulations only apply to the Bed and
Breakfast part of the Dwelling Unit, not the primary
residence:
4.120.9.2.1.1
a maximum of 8 guests is allowed at any
time;
4.120.9.2.1.2
any 1 guest may stay no more than 14
nights in a 30-day period;
4.120.9.2.1.3
meals may only be served to overnight
guests.
4.120.9.3
Guestrooms and facilities
4.120.9.3.1
A maximum of 2 guestrooms are allowed.
4.120.9.3.2
Each guestroom must have access to washroom
facilities that are private or shared with other
guestrooms or residents.
4.120.9.3.3
There must be internal access to guestrooms. Access to
the room from the outside is optional.
4.120.9.3.4
No cooking facilities allowed in guestrooms, except for
a kettle, coffee maker, microwave, toaster, toaster oven,
and mini refrigerator.
4.130
Home Occupation Minor
4.130.1
The Development Officer must determine if the intensity of the Home
Occupation Minor is compatible with the Residential area or if it would be
more appropriate in a Commercial or Industrial Zone.
152
4.130.2
A Home Occupation Minor must be operated by a resident of the Dwelling
Unit.
4.130.3
36Applications for a Home Occupation Minor, where a Home Occupation
Minor or a Home Occupation Major already exists on the same Site, will be
considered a Discretionary Use where;
4.130.3.1
37Both Home Occupation Minor uses will have customer visits; or
4.130.3.2
38There is a Home Occupation Minor with customer visits and a
Home Occupation Major on the same Site.
4.130.4
A Home Occupation Minor must not;
4.130.4.1
have more than 1 business associated visit, such as a drop-off,
pick-up, delivery, or visit from customers or consultants, at a time
on the Site; unless there are multiple Home Occupation Minors on
the same Site, then business associated visits may overlap
between the businesses;
4.130.4.2
employ any person on the Site, other than a resident of the
Dwelling Unit;
4.130.4.3
engage in outdoor business activity that creates nuisances, such as
noise, odours, dust, or fumes, beyond the Site Boundary;
4.130.4.4
store materials or equipment outdoors on the Site;
4.130.4.5
have more than 1 commercial vehicle used by the business parked
on the Site or any Road Adjacent to the Site; and
4.130.4.6
change the principal character or external appearance of the
Dwelling Unit or Site.
4.130.5
A Home Occupation Minor may:
4.130.5.1
be located in a Dwelling Unit, Accessory Building, or a combination
of both; and
4.130.5.2
engage in business activity outdoors on the Site.
4.130.6
A Home Occupation Minor may only have 1 Building Sign, attached to the
Façade of the principal Dwelling Unit or Accessory Building. The Sign must
not:
36 3357/QQ-2024
37 3357/SS-2024
38 3357/SS-2024
153
4.130.6.1
have a Copy Area larger than 0.15m2;
4.130.6.2
be Illuminated; or
4.130.6.3
be constructed of any materials which may deteriorate quickly in
inclement weather or be considered unsightly by the Development
Authority because of its haphazard construction, evidence of
decay, unstable conditions, or use of perishable materials.
4.140
39House Suites
4.140.1
A House Suite may only be located in a House or Duplex.
4.140.2
There may only be 1 Backyard Suite or House Suite per principal Dwelling
Unit;
4.140.3
A House Suite must not be:
4.140.3.1
converted to a condominium that is separate from the principal
Dwelling Unit; or
4.140.3.2
Subdivided from the existing Site.
4.140.4
40Subsections 4.140.2, 4.140.3, 4.140.5, and 4.140.12 cannot be varied by
the Development Authority.
4.140.5
The maximum combined total of Backyard Suites and House Suites per
neighbourhood is equal to 15% of the Houses in the same neighbourhood.
Figure 4.140-1 sets out the Neighbourhood boundaries that apply
4.140.5.1
Despite subsection 4.140.5, there is no maximum number of
Backyard Suites in the Timberlands North Neighbourhood, as
shown in Figure 4.140-1. House Suites in Timberlands North must
be a maximum of 15% of the Houses in the neighbourhood.
4.140.5.2
Despite subsection 4.140.1, a House Suite in the Parkvale,
Waskasoo, and Woodlea Neighbourhoods may not be located in a
Duplex.
4.140.6
A House Suite may only be on a:
4.140.6.1
Road that has more than 1 entrance or exit;
4.140.6.2
Road that has a lane; or
39 3357/V-2026, 3357/XX-2024
40 3357/M-2025
154
4.140.6.3
Corner Site.
4.140.7
A House Suite may be placed at any storey within the Building.
4.140.8
A House Suite must not co-exist on a Site with:
4.140.8.1
a Home Occupation Major unless the House Suite is solely used by
the Home Occupation Major for a Bed and Breakfast; or
4.140.8.2
a Day Care Facility.
4.140.9
41House Suite Dimensions
Category
Regulations
Floor Area
The House Suite must be less than the total Floor Area of
the principal Dwelling Unit.
4.140.10
A House with a House Suite must maintain the appearance of a single
Dwelling Unit. A Duplex with a House Suite must maintain the appearance
of 2 separate Dwelling Units.
4.140.11
A House Suite must have its exterior entrance on a side or rear wall of the
Building unless the Dwelling Unit and the House Suite share an entrance
with a common enclosed landing, where the entrance may be on the front
Façade of the Building.
4.140.12
Only 1 House Suite may be located in a Duplex.
41 3357/QQ-2024
155
Figure 4.140-1: Neighbourhood Boundaries
156
4.150
Industrial or Commercial Training Facility
4.150.1
The maximum capacity for an Industrial or Commercial Training Facility is
60 persons, including administrative staff, instructors, and students.
4.160
Late Night Club
4.160.1
When considering an application for a Late Night Club, the Development
Authority must obtain and consider a Report from the RCMP.
4.160.2
The Development must supply adequate outside lighting in the area.
4.160.3
The Site Plan must be designed in a way that prevents negative effects from
noise or visual disruption to the adjoining neighbourhood.
4.160.4
Alcohol or alcoholic beverages must not be available on the Site for
consumption or sale.
4.170
Lease Bay Building
4.170.1
Prior to occupancy of a bay within a Lease Bay Building, the occupant must
apply for an individual Development Permit to allow for their intended use.
4.180
Microbrewery
4.180.1
The floor area used for production and packaging must not be larger than
70% of the Gross Floor Area.
4.190
Outdoor Display or Sale of Goods
4.190.1
The Development Authority may approve a Development Permit for the
Outdoor Display or Sale of Goods:
4.190.1.1
in any Commercial Zone in which the use is listed;
4.190.1.2
in any Direct Control Zone in which Commercial activity is
conducted;
4.190.1.3
permanently, for a specific period, or for limited times during the
year; and
4.190.1.4
with conditions to ensure compliance with this Bylaw.
157
4.190.2
Outdoor display areas must be used to display goods, products, materials,
or equipment intended and permitted to be sold or rented on the Site.
4.190.3
Areas used for the Outdoor Display or Sale of Goods must:
4.190.3.1
display merchandise in a neat and organized manner;
4.190.3.2
be an Accessory Use to the Principal Use of the Site;
4.190.3.3
be a maximum 25% of the Gross Floor Area of the related
establishment;
4.190.3.4
not occupy the Parking spaces required for the Site or approved by
the Development Authority;
4.190.3.5
be designed and landscaped to complement the character of the
Development and surrounding Sites; and
4.190.3.6
not obstruct a pedestrian Walkway or vehicle passage.
4.190.4
Unless otherwise directed by the Development Authority, a person who has
received a Development Permit for an annual temporary outdoor display or
sale of goods may erect the Outdoor Display or sales area every year
provided that it is constructed in the manner and for the duration approved
by the Development Authority.
4.190.5
The Development Authority will decide the size of an Outdoor Display or
storage area associated with a lumber Yard in a Commercial Zone.
4.200
Outdoor Storage in Commercial Zones
4.200.1
Outdoor Storage:
4.200.1.1
must be Screened so no stored goods are visible above the
screening and the screening height must be between 2.0m and
2.5m;
4.200.1.2
must be kept neat and orderly at all times;
4.200.1.3
must not reduce the Parking spaces available on the Site below the
number of spaces required under the Bylaw or approved by the
Development Authority; and
4.200.1.4
may include a Shipping Container if:
4.200.1.4.1
the Development Authority allows it;
158
4.200.1.4.2
the container is used for shipping or storage purposes
accessory to the Principal Use of the Site; and
4.200.1.4.3
the container complies with the Site regulations for
Accessory Buildings under the Zone.
4.210
Outdoor Storage in Industrial Zones
4.210.1
Outdoor Storage areas must be fenced or Screened as required by the
Development Authority.
4.210.2
Outdoor Storage must:
4.210.2.1
not be in the Front Yard Setback of a Site; and
4.210.2.2
be kept neat and orderly.
4.210.3
Lumber yards approved as an Accessory Use must comply with the Outdoor
Display or Sale of Goods regulations.
4.210.4
Outdoor Storage of raw materials, finished or partially finished products,
fuel, and salvage material, junk, or waste on a Site must be suitably
Screened from Adjacent Sites, Roads, or lanes so they are not visible from
up to 2.0m above ground level.
4.220
Public Assembly
4.220.1
The design, location, and Site layout of a Public
Assembly must be compatible with or enhance
the neighbourhood in:
4.220.1.1
the form and scale of the Building; and
4.220.1.2
how it affects other land use in the
area.
4.220.2
A Public Assembly must mitigate negative effects, such as noise, light,
traffic, and Parking on Adjacent properties.
4.230
Satellite Dish Antennas
4.230.1
A satellite dish antenna must not:
4.230.1.1
be placed in a Front Yard or Side Yard Abutting a Road;
A Public Assembly is a
Building where people
gather, such as a
community or convention
centre, church, or an
auditorium.
159
4.230.1.2
be Illuminated; or
4.230.1.3
display any advertising.
4.230.2
Satellite dish antennas greater than 0.8m in diameter may not be erected in
any Residential Zone such that any part is more than 3.0m above Grade,
without the approval of the Development Authority.
4.230.3
Satellite dish antennas 0.8m in diameter or less mounted to a Residential
Building:
4.230.3.1
must remain completely below the highest point of a pitched roof
unless otherwise approved by the Development Authority;
4.230.3.2
may be attached to the Building's fascia or soffit or any lower
location when the Building has a flat roof.
4.240
Security Suites
4.240.1
Security Suites must:
4.240.1.1
be inside the Principal Building on the Site;
4.240.1.2
only be approved on a Site where another use is approved; and
4.240.1.3
only be occupied by the landowner of the Site or an employee
whose primary responsibility is to provide surveillance,
maintenance or security for the Site.
4.240.2
Security Suites must not:
4.240.2.1
be occupied by more than 1 person dwelling in the suite; and
4.240.2.2
contain more than 1 sleeping area.
4.240.3
Development Permits for Security Suites become invalid if the Principal Use
on the Site ceases or is removed.
4.250
Show Homes
4.250.1
A Building or part of a Building may be used as a Show Home if a
Development Permit specifically allows for it.
4.250.2
A Show Home may operate for a maximum of 24 consecutive months
unless a new Development Permit is issued.
160
4.250.3
Once the Show Home is no longer in use, the Show Home must revert to
the use the space was intended for, such as a Dwelling Unit.
4.260
Specialty Food Services
4.260.1
Specialty Food Services must:
4.260.1.1
have a seating area smaller than the area used for preparation;
4.260.1.2
have products for public consumption on or off the Site; and
4.260.1.3
not have a Commercial kitchen.
4.270
Supportive Living Accommodations
4.270.1
All Supportive Living Accommodations must
have:
4.270.1.1
at least 6 beds per Site; and
4.270.1.2
a Building exterior compatible with the
character of the neighbourhood if it is
in a Residential Zone.
4.270.2
In R-L, R-W, R-N, R-A, R-MH, or R-D Zones, a
Supportive Living Accommodation may contain a maximum 10 beds per
Site.
4.270.3
In a Zone where a Supportive Living Accommodation is listed as a
Discretionary Use, the Development Officer may consider factors such as:
4.270.3.1
proximity to other uses that impact traffic and Parking;
4.270.3.2
location on the block and in the neighbourhood; and
4.270.3.3
the Road classification.
4.280
Temporary Buildings
4.280.1
A Temporary Building must not be built unless approved by the
Development Authority subject to the following:
4.280.1.1
through a Special Event permit; or
4.280.1.2
in Residential Zones:
Examples of Supportive
Living Accommodations
are senior's living, living
accommodations for
individuals with
developmental
disabilities, and hospices.
161
4.280.1.2.1
a Temporary Building will:
4.280.1.2.1.1
have a maximum floor area of 16.5m2;
4.280.1.2.1.2
be 3.0m or less in height; and
4.280.1.2.1.3
be set back a minimum 1.2m from all
Boundaries;
4.280.1.2.2
there will be no more than 1 Temporary Building per
Site;
4.280.1.2.3
a Temporary Building being used as a Garage must be
placed in the Rear Yard only;
4.280.1.2.4
in the case of a pre-manufactured Temporary Building,
the elevations will be subject to the approval of the
Development Authority; and
4.280.1.2.5
the Development Permit for a Temporary Building will
expire at the end of 24 months.
4.280.2
A Temporary Building may not be used as a dwelling.
4.290
Temporary Care Facility
4.290.1
Temporary Care Facilities must have:
4.290.1.1
at least 6 beds per Site; and
4.290.1.2
a Building exterior compatible with
the character of the neighbourhood if it is in a Residential Zone.
4.290.2
In R-L, R-W, R-N, R-A, R-MH, or R-D Zones, a Temporary Care Facility may
contain a maximum 10 beds per Site.
4.290.3
In a Zone where a Temporary Care Facility is listed as a Discretionary Use,
the Development Officer may consider factors such as:
4.290.3.1
proximity to other uses that impact traffic and Parking;
4.290.3.2
location on the block and in the neighbourhood; and
4.290.3.3
the Road classification.
4.300
Townhouses and Apartments
4.300.1
Each Dwelling Unit in a Townhouse must be separated by a party wall.
The Temporary Care
Facility regulations are
intended for shelters,
drug treatment facilities
and detox centres.
162
4.300.2
There must be Walkways to allow pedestrians to move and connect to
Buildings and Sidewalks. Walkways must be:
4.300.2.1
hard surfaced; and
4.300.2.2
provided to all entrances.
4.300.3
Walkways that intersect with Roads must have:
4.300.3.1
accessible curb ramps at the corner of any intersection to provide
barrier-free access; and
4.300.3.2
clearly painted or marked lines where Walkways cross over a
Driveway or vehicle maneuvering aisle.
4.300.4
The Development Authority must set the Walkway crossing width in each
case, based on use.
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Part 5 Sign Regulations
5.10
Purpose
5.10.1
Part 5 regulates the location, size, number, type, form, appearance,
construction, alteration repair, and maintenance of Signs to:
5.10.1.1
balance the Commercial need for Signs with safety and aesthetics;
5.10.1.2
support local advertising needs by identifying businesses and
wayfinding;
5.10.1.3
ensure and maintain public safety;
5.10.1.4
regulate design, size, and type of a Sign in relation to the Building
and character of the neighbourhood where the Sign is located;
5.10.1.5
prevent too many Signs and visual clutter to ensure the Signs are
effective; and
5.10.1.6
allow a flexible and responsive approach that may adapt to
changes in Sign technologies and trends.
5.20
Applicability
5.20.1
The regulations in Part 5 apply to all Signs in The City except for Signs:
5.20.1.1
inside a Building not visible from the exterior of the Building;
5.20.1.2
operating as street and traffic Signs; and
5.20.1.3
required to be displayed:
5.20.1.3.1
under federal, provincial, or municipal legislation;
5.20.1.3.2
by or on behalf of the federal, provincial, or municipal
government; or
5.20.1.3.3
on behalf of a department, commission, board,
committee, or an official of the federal, provincial, or
municipal government.
164
5.30
Signs That Do Not Require a Development Permit
5.30.1
The following Signs do not require a Development Permit if they comply
with this Bylaw. Signs that do not comply with these Development
regulations require a Development Permit with a variance:
5.30.1.1
Signs displayed in or on buses, bus shelters, bus stop seats or on
waste or recycling containers on streets under an agreement with
The City, provided they do not include a Dynamic component.
Signs with Electronic Messages are allowed;
5.30.1.2
the name or address of a Building when it is sculptured or formed
out of the fabric of the Building Façade;
5.30.1.3
street numbers or letters displayed on a Site where the total
combined Sign Area does not exceed 1.2m²;
5.30.1.4
the re-erection of a Sign taken down to maintain or repair the
Building Façade or the Sign, provided the Sign is re-erected within
30 days and not materially altered;
5.30.1.5
an Electronic Message on Signs providing information on the price
of gas and diesel;
5.30.1.6
Community Bulletin Board Signs;
5.30.1.7
Permanent Directional Signs;
5.30.1.8
Identification Sign, provided total Sign Area does not exceed
0.28m²;
5.30.1.9
Incidental Sign;
5.30.1.10
Interpretative Sign;
5.30.1.11
Neighbourhood Identification Sign, if part of a Development
Agreement or License to Occupy Agreement;
5.30.1.12
Murals;
5.30.1.13
Property Management Sign in a Residential Zone, if the Copy Area
does not exceed 1.0m²;
5.30.1.14
Property Management Sign in a non-Residential Zone, provided
total Sign Area does not exceed 6.0m²;
5.30.1.15
Recreation Sponsor Sign if the owner of the Sign has a contract
with the City;
165
5.30.1.16
Temporary Signs;
5.30.1.17
Election Signs only during the following time frames, provided they
comply with this Bylaw:
5.30.1.17.1
Between nomination day of an election year and the
date of the election, in the case of an election under
the Local Authorities Election Act;
5.30.1.17.2
Between the date the election is officially called and
the date of the election, in the case of elections for
federal and provincial public office;
5.30.1.18
Permanent Window Signs;
5.30.1.19
notices or Signs guiding, warning, or restraining people about the
use of the Site, provided the total Sign Area does not exceed
2.0m²; and
5.30.1.20
Signs for a Home Occupation Minor or Home Occupation Major,
provided they otherwise adhere to the regulations of this Bylaw.
5.40
Administration and Authorization
5.40.1
A Development Permit is required:
5.40.1.1
to put up a Sign, except for those listed in section 5.30;
5.40.1.2
to relocate, replace or change the size of a Sign; and
5.40.1.3
to add Illumination to an existing Sign.
5.50
Sign Development Permit Regulations
5.50.1
A Development Permit Application for a Sign must be accompanied by the
applicable fee and a completed application form including:
5.50.1.1
the signature of the registered landowner or their representative
or agent;
5.50.1.2
the name and civic address of:
5.50.1.2.1
the sign company responsible for the Sign;
5.50.1.2.2
the owner of the Sign; and
166
5.50.1.2.3
the registered landowner of the Site where the Sign is
to be located, altered, or replaced.
5.50.1.3
Drawings to scale showing:
5.50.1.3.1
all Sign and Sign structure dimensions including Sign
Height, Sign Width, and total Sign Area;
5.50.1.3.2
materials;
5.50.1.3.3
finishes;
5.50.1.3.4
colour schemes;
5.50.1.3.5
letter fonts and sizes;
5.50.1.3.6
graphics;
5.50.1.3.7
logos;
5.50.1.3.8
type of Illumination;
5.50.1.3.9
Building elevations showing all existing and proposed
Building Signs; and
5.50.1.3.10
Dynamic or Electronic Messaging component, if
applicable.
5.50.1.4
A Site Plan showing:
5.50.1.4.1
compliance with applicable location regulations;
5.50.1.4.2
for any Sign with a minimum separation regulation from
another Sign, the location and distance of the next
closest Sign subject to the minimum separation
regulation, whether on the same Site or not;
5.50.1.4.3
how far the Sign projects from the Building Façade and
onto Public Property;
5.50.1.4.4
distance to aerial power lines and other Utilities; and
5.50.1.4.5
the location of the Sign on the Site.
5.50.2
For Signs proposed to be put up on a Site subject to a Character Statement,
the Development Permit Application must include a letter of intent
containing a statement addressing how the Sign is compatible with the
Immediate Road Context, as identified in the Character Statement.
167
5.50.3
The Development Authority may vary the requirement for a separate
Development Permit for a Sign when satisfied that all required information
and details pursuant to subsection 5.50.1 are provided with a Development
Permit application for a Building or part of a Building.
5.50.4
The Development Authority may consider the following when it reviews
applications:
5.50.4.1
scale and design of the area;
5.50.4.2
historical designations;
5.50.4.3
statutory plan regulations;
5.50.4.4
streetscape improvements;
5.50.4.5
scale, form, and massing;
5.50.4.6
infrastructure and safety; and
5.50.4.7
proximity to a Residential Zone.
5.60
Conditions of Development Approval for Signs
5.60.1
In addition to section 2.130 - Conditions of Issuing a Development Permit,
the Development Authority may impose the following conditions:
5.60.1.1
For Illuminated Signs, including Signs with Dynamic or Electronic
Message components, any condition needed to mitigate the
effects of the Illumination on nearby residential developments; or
5.60.1.2
If the Development Authority approves a Permanent Sign on or
over Public Property:
5.60.1.2.1
the owner of the Sign must sign an agreement to
indemnify and hold the City harmless from any claims,
liabilities, damages, or expenses arising from injuries to
a person or damage to property from the presence,
collapse, or failure of the Sign; and
5.60.1.2.2
the owner of the Sign provides proof of liability
insurance for third party bodily injury, personal injury,
and property damage for losses related to the Sign for a
dollar amount specified by the City, with the City
named as an additional insured.
168
5.70
Variances
5.70.1
Despite variance allowances as may otherwise be outlined in this Bylaw, the
Development Authority may only vary the following for Signs:
5.70.1.1
Sign Height, including clearance height;
5.70.1.2
Sign Width;
5.70.1.3
total Sign Area;
5.70.1.4
permitted number of Signs on a Site, except for Billboard Signs
which cannot be varied;
5.70.1.5
minimum separation distance between Signs, except for Billboard
Signs which cannot be varied;
5.70.1.6
restriction of Dynamic Fascia Signs and Dynamic Freestanding
Signs within 100.0m of a Site located in or Adjacent to a
Residential Zone, subject to the following:
5.70.1.6.1
without limiting the ability of the Development Officer
to refer applications to the Municipal Planning
Commission, the Development Officer may approve
variances up to and including 10%;
5.70.1.6.2
the Municipal Planning Commission may approve
variances up to and including 30%; and
5.70.1.6.3
all variances greater than 30% are prohibited.
5.70.1.7
Setbacks.
5.70.2
In determining if a variance should be granted, the Development Authority
may consider, but is not limited to:
5.70.2.1
size and location of the Site;
5.70.2.2
design or construction of a Building or a Sign;
5.70.2.3
Immediate Road Context;
5.70.2.4
if the Sign would unduly interfere with the amenities of the
neighbourhood or materially impact the use, enjoyment or value
of neighbouring Sites;
5.70.2.5
heritage value of a Sign or Building;
5.70.2.6
topography or configuration of the Site; or
169
5.70.2.7
all applicable Council policies, guidelines, and statutory plans.
5.70.3
Regardless of any other regulation of this Bylaw, if necessary for safety
reasons, the Development Authority may require greater distance
separations between Signs and may increase the minimum graphic display
time for Dynamic or Electronic Messaging.
5.80
Attaching Conditions to Variances
5.80.1
Any variance approved by the Development Authority may be temporarily
approved and may be subject to conditions including, but not limited to:
5.80.1.1
the removal of existing Sign on a Site;
5.80.1.2
restrictions on the location, number, and type of new and existing
Signs on a Site;
5.80.1.3
controls on light levels or hours of operation of Illuminated Signs;
5.80.1.4
other upgrades or changes to existing Signs on the Site;
5.80.1.5
safety and construction matters; and
5.80.1.6
conditions that reflect impacts on Adjacent Sites pursuant to
section 640(6) of the Act.
5.90
General Regulations for All Signs
5.90.1
Signs must not:
5.90.1.1
obstruct or interfere with the visibility of a traffic control device;
5.90.1.2
obstruct or interfere with the natural lighting, air intake, or
ventilation of a Building;
5.90.1.3
emit sound or noise;
5.90.1.4
obstruct or interfere with vehicle or pedestrian traffic; or
5.90.1.5
contain Third Party Advertising.
5.90.2
Where a Development Permit is issued for a Development encompassing
more than 1 Site, Signs may be placed as if the Development was on a
single Site, as determined by the Development Authority.
170
5.90.3
Signs must be removed immediately when the corresponding advertised
business or operation ceases to exist on the Site, except Freestanding Signs
and support structures intended for re-use.
5.100
Sign Location and Placement
5.100.1
Signs must be located a minimum of:
5.100.1.1
1.0m back from an existing or future curb line;
5.100.1.2
0.3m from the inside edge of any Sidewalk;
5.100.1.3
3.0m from any Site access; and
5.100.1.4
1.0m from a Boundary, when on private property.
5.100.2
Signs must comply with Section 3.120 - Restrictions on Corner Site Lines.
5.100.3
Where Signs are required to be located or placed a minimum distance from
something else, no part of the Sign may fall within the applicable minimum
distance.
5.100.4
All Signs placed on fences must be securely fastened to the fence.
5.100.5
Signs must not be in or on Parking stalls or loading spaces or positioned in a
way that reduces the number of Parking stalls or loading spaces required by
this Bylaw or an approved Development Permit.
5.110
Sign Height and Projections
5.110.1
Sign Height is measured from the ground to the highest point of the Sign.
5.110.2
All Signs projecting over a Sidewalk or a street must maintain at least 2.8m
clearance to the lowest point of the Sign.
5.120
Design
5.120.1
When considering an application for a Sign that is a Discretionary Use, the
Development Authority will consider:
5.120.1.1
whether the design, size and type of the Sign is compatible with,
or enhances the design and general character of, the Building it
will be on;
171
5.120.1.2
whether the Sign reflects or maintains the Immediate Road
Context; and
5.120.1.3
whether the Sign respects the purpose or intent of any Sign
Overlay it is located in.
5.120.2
A Sign should not cover or obstruct an Architectural Feature.
5.120.3
Where possible, Signs should be designed or placed on a Building so the
body of the Sign conceals the Sign structure and no guide wires, bracing or
similar support elements are visible from a street or other public right of
way.
5.130
Calculation of Sign Area
5.130.1
Sign with an irregularly shaped frame or border will have area calculated by
measuring the smallest rectangle which frames the entire Copy.
5.130.2
For double-faced or multi-faced Signs, the Development Authority will only
use 1 face for determining Sign Area.
5.130.3
For a Lease Bay Building or Building with multiples tenants, the
Development Authority will calculate the Sign Area based on a percentage
of the Building Façade area, by considering the height of the Building and
width of the tenant's leased Site.
5.140
Illumination
5.140.1
Signs may be Illuminated.
5.140.2
Illuminated Signs must not:
5.140.2.1
shine or reflect light directly onto Adjacent properties;
5.140.2.2
create hazards for pedestrian or vehicle traffic; or
5.140.2.3
be of an intensity or brightness that interferes with the space,
comfort, convenience, and general welfare of residents or
occupants in Adjacent Sites, or with vehicle traffic.
5.140.3
Signs with external Illumination must:
5.140.3.1
be equipped with shields directing light toward the Sign; and
5.140.3.2
position the light sources to shine light directly onto the Sign and
minimize glare.
172
5.140.4
Signs with internal Illumination must conceal the light source from direct
view.
5.150
Maintenance
5.150.1
Owners of Signs must maintain all Signs in good repair, safe condition, and
free of visible deterioration by:
5.150.1.1
ensuring exposed Sign and Sign Structure surfaces are covered
with durable, weather resistant, protective finish;
5.150.1.2
repainting or refinishing as often as necessary to prevent peeling
or flaking of paint or corrosion, or fading from light exposure;
5.150.1.3
confirming lights, bulbs, tubes, and other forms of Illumination are
functioning properly; and
5.150.1.4
keeping Signs intact and operative and preventing them from
deteriorating, peeling, breaking, or cracking.
5.160
Signs on Public Property
5.160.1
Signs must not be in a Road right of way if they:
5.160.1.1
create a hazard;
5.160.1.2
span across a street or lane;
5.160.1.3
obstruct or interfere with Road maintenance; or
5.160.1.4
impede access to Utilities, Sidewalks, or bus stops.
5.160.2
Signs that are allowed in Road right of ways:
5.160.2.1
may require a valid License to Occupy Agreement with The City;
5.160.2.2
must meet any Road right of way guidelines set by The City; and
5.160.2.3
may be subject to the Special Event Bylaw.
5.160.3
No Sign may be placed on Public Property that has a land use Zone
attributed to it without the consent of the City.
5.160.4
Signs located or placed on Public Property with a land use Zone attributed
to it may be subject to the Special Event Bylaw.
173
5.170
Sign Overlays
5.170.1
The Development regulations in section 5.170 take precedence over other
regulations in Part 5 if there is conflict.
5.170.2
Downtown Sign Overlay
5.170.2.1
The Downtown Sign Overlay includes all Sites identified in the
Zone boundary shown in Figure 5.170-1.
5.170.2.2
The purpose of the Downtown Sign Overlay is to maintain the
character of the downtown and improve pedestrians' experience
by:
5.170.2.2.1
supporting Commercial activity through appropriate
identification of businesses and directional Signs;
5.170.2.2.2
regulating Signs for public safety; and
5.170.2.2.3
ensuring the design, size, and type of a Sign respects
the design of the Building and character of the
neighbourhood where the Sign is located.
5.170.2.3
The following Signs are not allowed in the Downtown Sign Overlay,
except as outlined in subsection 5.170.2.4:
5.170.2.3.1
Billboards;
5.170.2.3.2
Dynamic Fascia Signs;
5.170.2.3.3
Dynamic Freestanding Signs;
5.170.2.3.4
Electronic Message Fascia Signs; and
5.170.2.3.5
Electronic Message Freestanding Signs.
5.170.2.4
Dynamic Fascia Signs and Dynamic Freestanding Signs are
Discretionary Uses on those Sites Adjacent to Taylor Drive as
shown in red in Figure 5.170-1, provided the Dynamic Fascia Signs
or Dynamic Freestanding Signs are placed on a Building Façade or
a part of a Yard in the following Zones:
5.170.2.4.1
Capstone Taylor Drive (CAP-TD);
5.170.2.4.2
City Centre Commercial (C-1); and
5.170.2.4.3
DC(6), DC(9), or DC(28);
174
Figure 5.170-1: Downtown Sign Overlay
175
5.170.3
Residential Proximity Sign Overlay
5.170.3.1
The Residential Proximity Sign Overlay prohibits Billboard Signs,
Dynamic Fascia Signs, and Dynamic Freestanding Signs within
100.0m of a Site located in or Adjacent to a Residential Zone. The
intent of the Residential Proximity Sign Overlay is to ensure the
design, size, and type of allowable Signs located near Residential
Zones support Commercial and public service activity while being
sensitive to the Residential context.
5.170.3.2
The Development Authority may allow a variance to the 100.0m
prohibition for Dynamic Signs in accordance with subsection
5.70.1.6.
5.170.3.3
This Overlay applies to Signs that are allowed within 100.0m of a
Site located in or Adjacent to a Residential Zone.
5.170.3.4
Signs in the Residential Proximity Sign Overlay must adhere to the
following regulations:
5.170.3.4.1
only external spot lighting is allowed unless the Sign
faces a street or is an Electronic Message Signs or
Dynamic Signs;
5.170.3.4.2
Electronic Message Fascia Signs and Electronic Message
Freestanding Signs must not be Illuminated between
10:00 p.m. and 6:00 a.m.;
5.170.3.4.3
Sign Area must not face a Residential Zone; and
5.170.3.4.4
maximum Sign Height must be 7.5m, unless otherwise
specified in Part 5.
5.170.4
Developing Community Sign Overlay
5.170.4.1
subsection 5.170.4 sets out the regulations applicable to
Developing Communities.
5.170.4.2
The intent of the Developing Community Sign Overlay is to allow
for Signs that market and advertise new communities and their
Developments.
5.170.4.3
Temporary Directional Signs in Residential Zones in this Overlay
must adhere to the following:
5.170.4.3.1
only 2 Temporary Directional Signs are allowed per Site,
unless a need for additional Temporary Directional
176
signs is demonstrated by the applicant to the
satisfaction of the Development Authority;
5.170.4.3.2
maximum Sign Height is 0.9m;
5.170.4.3.3
maximum Sign Width is 0.6m; and
5.170.4.3.4
Sign Area must not exceed 0.6m².
5.170.4.4
Temporary Directional Signs in all non-residential Zones in this
Overlay must adhere to the following:
5.170.4.4.1
only 4 Temporary Directional Signs are allowed per Site;
5.170.4.4.2
additional Temporary Directional Signs may be allowed,
at the discretion of the Development Authority, where
the need for the requested additional Temporary
Directional Signs is demonstrated by the applicant;
5.170.4.4.3
maximum Sign Height is 1.5m;
5.170.4.4.4
maximum Sign Width is 0.9m; and
5.170.4.4.5
maximum Sign Area must not exceed 1.4m².
5.170.4.5
Flag Signs:
5.170.4.5.1
must comply with subsection 5.350, unless otherwise
stated in subsection 5.170.4.5.
5.170.4.5.2
used with a Show Home must be Ground Signs and are
limited to:
5.170.4.5.2.1
3 Flag Signs on a Site less than 0.25
hectares and with a Frontage of 30.0m
or less;
5.170.4.5.2.2
4 Flag Signs on a Site less than 0.25
hectares and with a Frontage greater
than 30.0m;
5.170.4.5.2.3
5 Flag Signs on a Site greater than 0.25
hectares and less than 1.0 hectares; or
5.170.4.5.2.4
6 Flag Signs on a Site greater than 1.0
hectares.
5.170.4.5.3
have a maximum Sign Height of 6.0m;
177
5.170.4.5.4
have a maximum Sign Area of 5.0m².
5.170.4.5.5
are not included in calculating the total Sign Area for
Show Home Signs on a Site.
5.170.4.5.6
used with a Show Home must be removed when
whichever of the following occurs first:
5.170.4.5.6.1
the Show Home it advertises for ceases
to exist;
5.170.4.5.6.2
the Show Home it advertises is
occupied; or
5.170.4.5.6.3
3 years pass from the date of the
Development Permit for the Show
Home.
5.170.4.6
Future Development Signs:
5.170.4.6.1
may be placed on a Site at the discretion of the
Development Authority if a permit is approved for a
Development or an agreement is entered into with The
City;
5.170.4.6.2
maximum Sign Areas:
5.170.4.6.2.1
must not exceed 12.0m²; or
5.170.4.6.2.2
If the Sign is located more than 100.0m
from a street, must not exceed 19.0m².
5.180
Billboard Signs
5.180.1
General Regulations for Billboard Signs
5.180.1.1
The design and size of a Billboard Sign should be compatible with
or enhance the design, construction, and general character of the
Building on the Site which it is on and should respect the
Immediate Road Context it is located in.
5.180.1.2
A Development Permit for a Billboard Sign that will replace a
Billboard Sign approved prior to December 11, 2017, may only be
approved if the proposed Billboard Sign will be no larger than the
previously approved Billboard Sign, and the proposed Billboard
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Sign will result in a visual improvement to the Immediate Road
Context.
5.180.1.3
Billboard Signs must not be internally Illuminated or Illuminated by
light projecting from behind the surface of the Sign face.
5.180.1.4
Billboard Signs that are Illuminated must:
5.180.1.4.1
be equipped with a shield directing light towards the
Sign; and
5.180.1.4.2
be positioned in a manner that directs the light directly
onto the Billboard Sign and minimizes the glare.
5.180.1.5
Billboard Signs that are Illuminated must not:
5.180.1.5.1
shine or reflect light directly onto Adjacent properties
or in the direction of oncoming traffic;
5.180.1.5.2
create hazards for pedestrian or vehicle traffic; or
5.180.1.5.3
be of an intensity or brightness that would interfere
with the space, comfort, convenience, and general
welfare of residents or occupants of Adjacent Sites or
with vehicle traffic.
5.180.1.6
Billboard Signs must not include Dynamic or Electronic Messaging.
5.180.1.7
Where the back of a Billboard Sign is visible to pedestrian or
vehicle traffic, the Development Authority may:
5.180.1.7.1
require a second face; or
5.180.1.7.2
require the back to be enclosed.
5.180.1.8
A Development Permit for a Billboard Sign may only be issued for a
period not exceeding 3 years.
5.180.2
Location Criteria
5.180.2.1
Billboard Signs may only be located along a Boundary Adjacent to
an arterial Road, unless such a location also meets any of the
following criteria, where they will remain prohibited:
5.180.2.1.1
in the Major Entry Areas Overlay;
5.180.2.1.2
within 100.0m radius of a Residential Zone; or
5.180.2.1.3
facing a Major Corridor.
179
5.180.2.2
Location criteria will not be varied by the Development Authority.
5.180.3
Siting Criteria
5.180.3.1
Not more than 1 Billboard Sign may be on a Site.
5.180.3.2
Billboard Signs must not be placed in or on a required Parking
space or loading space and must not be placed as to reduce the
number of required Parking stalls or loading spaces, required
pursuant to a Development Permit.
5.180.3.3
Billboard Signs must be located a minimum of:
5.180.3.3.1
500.0m radius from another Billboard Sign.
5.180.3.3.2
10.0m from another Ground Sign.
5.180.3.4
A Billboard Sign must be located such that no part is closer than
3.0m from any Site Boundary.
5.180.3.5
If considered necessary for safety reasons, the Development
Authority may require greater distance separations between Signs.
5.180.3.6
Subsection 5.180.3 will not be varied by the Development
Authority.
5.180.4
Billboard Sign Sizes
5.180.4.1
The maximum height of a Billboard Sign is 6.1m;
5.180.4.2
The maximum width of a Billboard Sign is 6.1m; and
5.180.4.3
The maximum Sign Area of a Billboard Sign must not exceed
19.0m².
5.190
Building Sign Regulations
5.190.1
Building Signs in Residential Zones may be considered on Sites with the
following Principal Uses:
5.190.1.1
Supportive Living Accommodations;
5.190.1.2
Day Care Facility;
5.190.1.3
Apartment;
5.190.1.4
Emergency Services;
5.190.1.5
Utilities;
180
5.190.1.6
Public Assembly;
5.190.1.7
Temporary Care Facility; or
5.190.1.8
Low Impact Commercial Use
5.190.2
The following regulations apply to all Building Signs, unless otherwise
stated:
5.190.2.1
Sign Height must not exceed the height of the Principal Building on
the Site, or the average overall height of the Principal Building
where the height of the Principal Building is not uniform; and
5.190.2.2
the maximum Sign Area must not exceed 15% of the area of the
Building Façade on which it is located.
5.200
Awning or Canopy Sign Regulations
5.200.1
Awning or Canopy Signs may be attached to
the sides and front of an awning or canopy,
and may extend the entire length and width
of the awning or canopy;
5.200.2
Copy must be on the valance part of Awning
or Canopy Sign;
5.200.3
Signs under an awning or canopy may be
hung provided such Signs will:
5.200.3.1
not extend beyond the sides or
front of the awning or canopy;
5.200.3.2
not exceed a vertical dimension of 1.5m; and
5.200.4
Awning or Canopy Signs and any Sign under an awning or canopy must not
project more than 3.0m from the structure it is attached to.
5.200.5
The maximum Sign Area of an Awning or Canopy Sign must not exceed 50%
of the awning or canopy.
Example of an Awning or
Canopy Sign
181
5.210
Fascia Sign Regulations
5.210.1
Fascia Signs may be used to identify the use,
business, or occupant of a Building or
Commercial unit the Sign is on.
5.210.2
Fascia Signs may consist of individual letters,
symbols, or logos that are attached directly to
the Building.
5.210.3
Building Signs must not project more than
0.3m from the Building Façade they are
attached to.
5.220
Painted Wall Sign Regulations
5.220.1
Painted Wall Signs are limited to 1 per
Building.
5.220.2
A Painted Wall Sign may:
5.220.2.1
cover up to 30% of the front of the
Building; and
5.220.2.2
cover up to 60% of a secondary
Building Façade.
5.220.3
Not more than 10% of a Painted Wall Sign
may be text that advertises the name of the business, or a logo associated
with the business.
5.230
Permanent Window Sign Regulations
5.230.1
Permanent Window Signs may only be placed
on the first and second storey windows of a
Building.
5.230.2
Maximum Sign Area must not exceed 50% of
the Window Area of the Building Façade on
which it is located.
Example of a Fascia Sign
Example of a Painted
Wall Sign
Example of a
Permanent Window
182
5.240
Projecting Sign Regulations
5.240.1
Projecting Signs:
5.240.1.1
maximum Sign Height is 1.5m;
5.240.1.2
maximum Sign Width is 1.0m;
5.240.1.3
maximum Sign Area must not exceed
1.5m²; and
5.240.1.4
maximum Projection is 3.0m from the
façade of the structure to which it is
attached.
Example of a
Projecting Sign
183
5.250
Dynamic Sign and Electronic Message Sign
Regulations
5.250.1
General regulations for Dynamic Signs and
Electronic Message Signs
5.250.1.1
Dynamic Fascia Signs and Electronic
Message Fascia Signs are subject to the
Development regulations in section 5.210.
5.250.1.2
Dynamic Freestanding Signs and
Electronic Message Freestanding Signs are
subject to the regulations in section
5.270, except for the Siting Criteria in
subsection 5.270.2 which does not apply.
5.250.1.3
Dynamic Signs and Electronic Message
Signs may display public service
announcements.
5.250.1.4
Dynamic Signs and Electronic Message
Signs must have an adjustable brightness
level and must maintain a level of
brightness acceptable to the Development
Authority.
5.250.1.5
maximum Sign Illumination must be 350
nits between sunset and sunrise.
5.250.2
Location Criteria
5.250.2.1
Dynamic Signs and Electronic Message
Signs may only be located along a
Boundary that faces an arterial Road or
collector Road, excluding Sites:
5.250.2.1.1
in the Major Entry Areas Overlay;
5.250.2.1.2
in the Downtown Sign Overlay, except where allowed
under subsection 5.170.2.4;
5.250.2.1.3
in the Residential Proximity Sign Overlay, except
Electronic Message Signs and where a variance for a
Dynamic Sign is approved by the Development
Authority; and
Examples of
Dynamic and
Electronic
184
5.250.2.1.4
facing a Major Corridor.
5.250.3
Siting Criteria
5.250.3.1
Dynamic Signs and Electronic Message Signs must direct the
Dynamic and Electronic Message parts towards the on-coming
traffic on the high-volume street, as determined by the
Development Authority.
5.250.3.2
Dynamic Freestanding Signs and Electronic Message Freestanding
Signs must be located a minimum of 100.0m from a Freestanding
Sign.
5.250.3.3
Dynamic Signs and Electronic Message Signs must be located a
minimum of 300.0m from another Dynamic Sign or Electronic
Message Sign, despite any other rule in subsection 5.250.3.
5.250.4
Sign Sizes
5.250.4.1
The Dynamic and Electronic Message part of either a Dynamic or
Electronic Fascia Sign, or a Dynamic or Electronic Freestanding
Sign, must not exceed 9.0m².
5.250.4.2
All other size maximums are determined by subsections 5.190.2
for Building Signs or 5.270.3 for Freestanding Signs.
5.250.5
Display Time and Transitions
5.250.5.1
Dynamic Signs must display messages for a minimum period of 3
seconds.
5.250.5.2
Electronic Message Signs must display messages for a minimum
period of 20 seconds.
5.250.5.3
When Copy changes on a Dynamic Sign or Electronic Message Sign,
the transition:
5.250.5.3.1
must be instantaneous; and
5.250.5.3.2
must not include effects like motion, dissolving,
blinking, flashing or intermittent lights, video, or the
illusion of such effects.
5.250.6
PS Sites
185
5.250.6.1
On PS Public Service (Institutional or Government) Sites over 17.1
hectares in size, the entire Dynamic or Electronic Message
Freestanding Sign may display Sponsor Recognition if words to the
effect of "Proudly Recognizing our Donors and Sponsors" are
displayed on the Sign.
5.250.6.2
On PS Public Service (Institutional or Government) Sites over 13.1
hectares and under 17.0 hectares in size there may only be 1
Dynamic Sign per Principal Building.
5.250.6.3
On PS Public Service (Institutional or Government) Sites under 13.0
hectares in size:
5.250.6.3.1
1 Electronic Message Fascia Sign or Electronic Message
Freestanding Sign may be approved, not both, and it
must not be lit between 9:00 p.m. and 6:00 a.m.; and
5.250.6.3.2
Dynamic Signs are prohibited.
5.260
Community Bulletin Board Sign Regulations
5.260.1
General regulations for Community Bulletin Board Signs
5.260.1.1
Community Bulletin Board Signs:
5.260.1.1.1
may be located at the entrances into a neighbourhood,
subject to the party entering into an agreement with
The City;
5.260.1.1.2
must only display neighbourhood information,
advertising, and bulletins, announce events, and
provide general interest information; and
5.260.1.1.3
must not be internally Illuminated.
5.260.2
Community Bulletin Board Sign Sizes
5.260.2.1
Maximum Sign Height is 2.5m;
5.260.2.2
Maximum Sign Width is 1.5m; and
5.260.2.3
Maximum Sign Area must not exceed 4.0m².
186
5.270
Freestanding Sign Regulations
5.270.1
Freestanding Signs in Residential Zones may be considered on Sites with
the following Principal Uses:
5.270.1.1
Supportive Living Accommodation;
5.270.1.2
Day Care Facility;
5.270.1.3
Apartment;
5.270.1.4
Emergency Services;
5.270.1.5
Utilities;
5.270.1.6
Public Assembly;
5.270.1.7
Temporary Care Facility; or
5.270.1.8
Low Impact Commercial Use.
5.270.2
Siting Criteria
5.270.2.1
Freestanding Signs must be located a minimum of 100.0m from
any other Freestanding Sign on the same Site.
5.270.3
Freestanding Sign Sizes
5.270.3.1
The maximum Sign Width for Freestanding Signs is:
5.270.3.1.1
2.5m in DC(9), DC(10), DC(16), DC(18), and DC(26) and
in Residential Zones on a Site with a Principal Use listed
in subsection 5.270.1; and
5.270.3.1.2
4.0m in all other Zones.
5.270.3.2
The maximum Sign Heights and Sign Areas are prescribed in the
following Table:
Zones
Maximum Sign Height
Maximum Sign Area
Residential Zones
Residential Zones,
subject to subsection
5.270.1
3.0m
3.0m²
Commercial Zones
C-1
9.0m
12.0m²
187
C-1A
9.0m
12.0m²
C-2
9.0m
12.0m²
C-3
4.5m
5.0m²
C-4
9.0m where the Site is Adjacent
to an arterial Road, or 25.0m
where the Site is Adjacent to a
service Road
18.5m² where the Site is
Adjacent to an arterial Road, or
25.0m² where the Site is
Adjacent to a service Road
C-5
9.0m
12.0m²
Capstone Zones
CAP-TD, CAP-PR, CAP-C
9.0m
12.0m²
PS Public Service (Institutional or Government) Zones
Sites 8.0 hectares in
size or under
4.5m
5.0m²
Sites 8.1 hectares -
17.1 hectares
9.0m
9.0m²
Sites 17.1 hectares in
size or over
9.0m
18.5m²
Direct Control Zones
DC(1)
9.0m
12.0m²
DC(2)
12.0m where the Site is
Adjacent to an arterial Road, or
25.0m where the Site is
Adjacent to a service Road
18.5m² where the Site is
Adjacent to an arterial Road, or
25.0m² where the Site is
Adjacent to a service Road
DC(3)
9.0m
12.0m²
DC(8)
12.0m where the Site is
Adjacent to an arterial Road, or
25.0m where the Site is
Adjacent to a service Road
18.5m² where the Site is
Adjacent to an arterial Road, or
25.0m² where the Site is
Adjacent to a service Road
DC(9)
3.0m
3.0m²
DC(10)
3.0m
3.0m²
DC(11)
9.0m
12.0m²
DC(12)
9.0m
12.0m²
188
DC(15)
9.0m
12.0m²
DC(16)
3.0m
3.0m²
DC(18)
3.0m
3.0m²
DC(19)
9.0m
12.0m²
DC(20)
9.0m
12.0m²
DC(22)
4.5m
5.0m²
DC(25)
9.0m where the Site is Adjacent
to an arterial Road, or 25.0m
where the Site is Adjacent to a
service Road
First Sign: 36.0m², and any
additional Signs: 25.0m2
DC(26)
3.0m
3.0m²
DC(27)
12.0m where the Site is
Adjacent to an arterial Road, or
25.0m where the Site is
Adjacent to a service Road
18.5m² where the Site is
Adjacent to an arterial Road, or
25.0m² where the Site is
Adjacent to a service Road
DC(28)
9.0m
12.0m²
DC(31)
4.5m
5.0m²
DC(34)
4.5m
5.0m²
Industrial Zones
I-1
9.0m
12.0m²
I-2
9.0m
12.0m²
I-C
9.0m
12.0m²
Other Zones
A-1
4.5m
2.0m²
P-1
4.5m
5.0m²
189
5.280
Neighbourhood Identification Sign Regulations
5.280.1
Neighbourhood Identification Signs
may be located at the entrances into a
neighbourhood, subject to the party
entering into an agreement with The
City;
5.280.2
Neighbourhood Identification Signs
must be for neighbourhood
identification purposes only and
contain no advertising other than the
name and logo of the developer; and
5.280.3
Neighbourhood Identification Signs must not be internally Illuminated.
5.290
Permanent Directional Sign Regulations
5.290.1
Permanent Directional Signs may only be put up in Commercial Zones and
Industrial Zones.
5.290.2
Maximum Sign Area must not exceed 1.4m².
5.300
Recreation Sponsor Sign Regulations
5.300.1
Recreation Sponsor Signs on fences must not cover more than 50% of the
fence perimeter, and must not obstruct gates or access points or protrude
past the side edges, above, or below the fence.
5.300.2
The maximum Sign Area of a Recreation Sponsor Sign on a Building must
not exceed 10% of the area of the Building Façade it is on.
5.310
Temporary Sign Regulations
5.310.1
The following regulations apply to all Temporary Signs:
5.310.1.1
3 Temporary Signs may be put up on a Site with Frontage of 30.0m
or less; and
5.310.1.2
1 additional Temporary Sign may be put up for every additional
10.0m Frontage, to a maximum of 6 Temporary Signs per Site.
5.310.2
Unless otherwise stated by this Bylaw, or if a Development Permit with a
variance authorizing additional time is issued by the Development
Example of a Neighbourhood
Identification Sign
190
Authority, a Temporary Sign may not remain at a Site for longer than 90
consecutive days or for no more than 180 days in a calendar year.
5.320
Banner Sign Regulations
5.320.1
General Regulations for Banner Signs
5.320.1.1
Banner Signs may only be put up in
the Developing Community Sign
Overlay, or Commercial or Industrial
Zones.
5.320.2
Banner Sign Sizes
5.320.2.1
Maximum Sign Height is 0.9m;
5.320.2.2
Maximum Sign Width is 6.0m; and
5.320.2.3
Maximum Sign Area must not exceed 6.0m².
5.330
Construction Sign Regulations
5.330.1
General Regulations for Construction Signs
5.330.1.1
Construction Signs may not be put
up before the issuance of a
Development Permit and must be
taken down within 1 month of
completion of construction.
5.330.1.2
Construction Signs will not be
placed for more than 18 months.
5.330.2
Construction Sign Sizes in a Residential Zone
5.330.2.1
Maximum Sign Height is 1.83m;
5.330.2.2
Maximum Sign Width is 2.44m; and
5.330.2.3
Maximum Sign Area must not exceed 3.0m².
5.330.3
Construction Signs Sizes in all other Zones
5.330.3.1
Maximum Sign Height is 4.0m;
5.330.3.2
Maximum Sign Width is 4.88m; and
5.330.3.3
Maximum Sign Area must not exceed 12.0m².
Example of a Banner Sign
Example of a Construction
Sign
191
5.340
Election Sign Regulations
5.340.1
Election Signs may be placed on private or
Public Property, with the approval of the
landowner or public authority.
5.340.2
Election Signs are permitted on municipal
property only as designated by The City
Council.
5.340.3
Election Signs must be located at least 3.0m
from the back of Sidewalk or if there is no Sidewalk, the back of curb.
5.340.4
Election Signs on Public Property must be a maximum of 3.0m² in size and
not more than 3.6m in height.
5.340.5
Only 1 Election Sign per candidate, per designated Sign location approved
by Council resolution, is permitted.
5.340.6
If a candidate fails to remove their Election Signs within 48 hours after the
voting stations close on election day, the designated officers may remove
them and the candidate will be liable for the cost of removal.
5.340.7
When an Election Sign interferes with work being carried out by City work
crews or contractors doing work on behalf of The City, the crews may
remove and dispose of such Signs.
5.340.8
Designated officers employed by The City may remove any Election Signs
which have been erected, affixed, posted, or placed on any City property in
contravention of this Bylaw.
5.340.9
A candidate whose name appears on an Election Sign which is in
contravention of this Bylaw will be guilty of an offence under this Bylaw.
Example of Election Signs
192
5.350
Flag Sign Regulations
5.350.1
General Regulations for Flag Signs
5.350.1.1
Flag Signs are only allowed in The
Developing Community Sign
Overlay, Commercial Zones,
Industrial Zones, and in
Residential Zones in conjunction
with a Principal Use listed in
subsection 5.190.1.
5.350.1.2
A Flag Sign may be decorative,
celebratory, or used for First Party
Advertising.
5.350.2
Flag Sign Sizes
5.350.2.1
Maximum Sign Height:
5.350.2.1.1
6.0m for a pole-mounted Flag Sign;
5.350.2.1.2
3.0m from the top of the roof for a roof-mounted Flag
Sign;
5.350.2.2
Maximum Sign Width: 0.9m; and
5.350.2.3
Maximum Sign Area: 5.0m².
5.360
Portable Sign Regulations
5.360.1
General regulations for Portable Signs
5.360.1.1
In addition to subsection 5.310.2,
a Site must remain free of all
Portable Signs for a minimum of
30 consecutive days since the last
Portable Sign was on the Site
before another Portable Sign may be placed at that Site.
5.360.1.2
Portable Signs are only allowed in Residential Zones in conjunction
with a Principal Use listed in subsection 5.190.1.
5.360.2
Siting Criteria
5.360.2.1
Portable Signs must be located a minimum of:
Example of a Flag Sign
Example of a Portable Sign
193
5.360.2.1.1
1.5m from any Site Boundary;
5.360.2.1.2
3.0m from any access or egress to or from a Site; and
5.360.2.1.3
100.0m from another Portable Sign.
5.360.3
Portable Sign Sizes
5.360.3.1
Maximum Sign Height: 3.0m;
5.360.3.2
Maximum Sign Width: 2.4m; and
5.360.3.3
Maximum Sign Area: 4.0m².
5.370
Real Estate Sign Regulations
5.370.1
Real Estate Sign Sizes in a Residential Zone
5.370.1.1
Maximum Sign Height: 0.6m;
5.370.1.2
Maximum Sign Width: 0.9m; and
5.370.1.3
Maximum Sign Area: 0.6m².
5.370.2
Real Estate Sign Sizes in all Other Zones
5.370.2.1
Maximum Sign Height: 2.44m;
5.370.2.2
Maximum Sign Width: 1.83m; and
5.370.2.3
Maximum Sign Area: 4.5m².
5.380
Show Home Sign Regulations
5.380.1
General Regulations for Show Home Signs
5.380.1.1
A Show Home Sign may be a
Banner Sign, Flag Sign, Sidewalk
Sign, or similar Sign, but must not
be placed above the eaves.
5.380.2
Siting Criteria
5.380.2.1
Only 3 Show Home Signs are
allowed per Site.
5.380.2.2
Additional Show Home Signs may be allowed, at the discretion of
the Development Authority, but only if another Show Home is not
in the Immediate Road Context.
Example of a Show Home
Sign setup
194
5.390
Sidewalk Sign Regulations
5.390.1
Sidewalk Signs used to Advertise
Businesses
5.390.1.1
Sidewalk Signs may only be
displayed during the business
hours of the business the Sign is
advertising.
5.390.2
Sidewalk Signs used as Real Estate Signs
5.390.2.1
Sidewalk Signs:
5.390.2.1.1
may only include a directional arrow, the phrase "open
house" and the name or logo of the real estate
company hosting the open house; and
5.390.2.1.2
may be placed no more than 3 hours prior to an open
house and no later than 3 hours after an open house.
5.390.3
42Sidewalk Signs used for a Garage Sale
5.390.3.1
Sidewalk Signs may be placed no more than 48 hours prior to a
Garage Sale;
5.390.3.2
Sidewalk Signs must be removed within 24 hours after the
conclusion of the Garage Sale;
5.390.3.3
Sidewalk Signs may be placed for a total of no more than 72
consecutive hours; and
5.390.3.4
43Deleted.
5.390.4
Sidewalk Sign Sizes
5.390.4.1
Maximum Sign Height: 1.0m;
5.390.4.2
Maximum Sign Width: 1.0m; and
5.390.4.3
Maximum Sign Area: 1.0m².
42 3357/SS-2024
43 3357/SS-2024
Example of a Sidewalk Sign
195
5.400
Special Event Sign Regulations
5.400.1
General regulations for Special Event Signs
5.400.1.1
Special Event Signs are subject to the Special Event Bylaw and
must only contain information specific to a special event.
5.400.2
Special Event Sign Sizes
5.400.2.1
Maximum Sign Height: 0.9m;
5.400.2.2
Maximum Sign Width: 0.9m; and
5.400.2.3
Maximum Sign Area: 0.6m².
5.410
Temporary Directional Sign Regulations
5.410.1
Temporary Directional Sign Sizes
5.410.1.1
Maximum Sign Area: 1.4m².
5.420
Temporary Window Sign Regulations
5.420.1
All Temporary Window Signs are subject to same regulations as Permanent
Window Signs.
196
Part 6 Residential Zones
6.10
Residential Low-Density Zone: R-L
Key Information
6.10.1
This Zone allows Development of low-density housing and compatible Non-
Residential Uses.
6.10.2
Permitted Uses
6.10.2.1
Accessory Building
6.10.2.2
Backyard Suite in Timberlands North neighbourhood
6.10.2.3
Home Occupation Minor
6.10.2.4
House
6.10.2.5
House Suite
6.10.2.6
Show Home
6.10.3
Discretionary Uses
6.10.3.1
Backyard Suite outside Timberlands North neighbourhood
6.10.3.2
Day Care Facility
6.10.3.3
Duplex
6.10.3.4
Home Occupation Major
6.10.3.5
Public Assembly
6.10.3.6
Supportive Living Accommodation
6.10.3.7
Temporary Care Facility
Regulations
6.10.4
Minimum Dimensions
Use
Site Area
Frontage
House
324.0m2
12.0m
Duplex
232.0m2 per Dwelling Unit
7.6m per Dwelling Unit
197
Public Assembly
800.0m2
12.0m
All other uses
324.0m2
12.0m
6.10.5
Minimum Setbacks
Use
Front Yard
Rear Yard
Side Yard
House
Live Portion of Dwelling
Unit: 3.0m
Attached Garage part of
Dwelling Unit: 6.0m
7.5m; or
With a rear
attached Garage:
6.0m
1.5m
Duplex
Live Portion of Dwelling
Unit: 3.0m
Attached Garage part of
Dwelling Unit: 6.0m
7.5m; or
With a rear
attached Garage:
6.0m
Boundary with a party
wall: 0.0m
Interior Side Setback
without entrance:
1.5m
Interior Side Setback
with entrance: 2.4m
Exterior Side Setback
without entrance:
1.5m
Exterior Side Setback
with entrance: 2.4m
All other Uses
Building with no front
attached Garage or
Parking Pad: 3.0m
Buildings with front
attached Garage or
Parking Pad: 6.0m
7.5m
1.5m
6.10.6
Despite any other section in this Bylaw, the Live Portion of the Dwelling
Unit of a House with a Backyard Suite that fronts a P-1 Zone must be
Setback a minimum of 2.0m and a maximum of 3.0m.
6.10.7
Despite any other section in this Bylaw, on a Site with no lane, a House with
a Garage in the Rear Yard must have 1 Side Yard that is at least 3.0m.
198
6.10.8
Building Height, Site Coverage, and Landscaping
Category
Regulations
Building Height
Maximum: 3 storeys with an overall maximum
height of 15.0m measured from Grade
Site Coverage
Maximum: 45%, unless the Site contains a
Backyard Suite, then 60%
Landscaped Area
Minimum: 30% of Site Area, and including 20%
of the Front Yard for a House or Duplex
6.10.9
Front attached Garages on Sites less than 27.0m deep must meet the
following regulations:
6.10.9.1
the front attached Garage must not be closer to the Street than
the Live Portion of the Dwelling Unit;
6.10.9.2
the Garage cannot be wider than 67% of the entire front face of
the Live Portion of the Dwelling Unit and Garage combined;
6.10.9.3
the width of the front Driveway must not be wider than the front
Façade of the Garage.
199
6.20
Residential Wide Zone: R-W
Key Information
6.20.1
This Zone allows for Development of low-density housing and compatible
non-Residential uses on Sites with a narrower Side Yard Setback, resulting
in a wider Building Footprint.
6.20.2
Permitted Uses
6.20.2.1
Accessory Building
6.20.2.2
Backyard Suite in the Timberlands North neighbourhood
6.20.2.3
Home Occupation Minor
6.20.2.4
House
6.20.2.5
House Suite
6.20.2.6
Show Home
6.20.3
Discretionary Uses
6.20.3.1
Backyard Suite outside the Timberlands North neighbourhood
6.20.3.2
Day Care Facility
6.20.3.3
Duplex
6.20.3.4
Home Occupation Major
6.20.3.5
Public Assembly
6.20.3.6
Supportive Living Accommodation
6.20.3.7
Temporary Care Facility
Regulations
6.20.4
Minimum Dimensions
Use
Site Area
Frontage
House
324.0m2
12.0m
Duplex
232.0m2 per Dwelling Unit
7.6m per Dwelling Unit
Public Assembly
800.0m2
12.0m
200
All other Uses
324.0m2
12.0m
6.20.5
Minimum Setbacks
Use
Front Yard
Rear Yard
Side Yard
House
Live Portion of
Dwelling Unit: 3.0m
Attached Garage part
of Dwelling Unit:
6.0m
7.5m; or
With a rear attached
Garage: 6.0m
1.25m
Duplex
Live Portion of
Dwelling Unit: 3.0m
Attached Garage part
of Dwelling Unit:
6.0m
7.5m; or
With a rear attached
Garage: 6.0m
Boundary with a
party wall: 0.0m
Interior Side Setback
without entrance:
1.25m
Interior Side Setback
with entrance: 2.4m
Exterior Side Setback
without entrance:
1.25m
Exterior Side Setback
with entrance: 2.4m
All other uses
Buildings with no
front attached
Garage: 3.0m
Buildings with a front
attached Garage:
6.0m
7.5m
1.25m
6.20.6
Despite any other section in this Bylaw, the Live Portion of the Dwelling
Unit of a House with a Backyard Suite that fronts a P-1 Zone must be
Setback a minimum or 2.0m and a maximum of 3.0m.
6.20.7
Despite any other section in this Bylaw, on a Site with no lane, a House with
a Garage in the Rear Yard must have 1 Side Yard at least 3.0m wide
201
6.20.8
Building Height, Site Coverage, and Landscaping
Category
Regulations
Building Height
Maximum: 3 storeys, with an overall
maximum height of 15.0m measured from
Grade
Site Coverage
Maximum: 45%, unless the Site contains a
Backyard Suite, then 60%
Landscaped Area
Minimum: 30% of Site Area, and including
20% of the Front Yard for a House or Duplex
6.20.9
Front attached Garages on Sites less than 27.0m deep must meet the
following regulations:
6.20.9.1
the front attached Garage must not be closer to the street than
the Live Portion of the Dwelling Unit;
6.20.9.2
the Garage cannot be wider than 67% of the entire front façade of
the Live Portion of the Dwelling Unit and Garage combined;
6.20.9.3
the width of the front Driveway must not be wider than the front
Façade of the Garage.
202
6.30
Residential Narrow Lot Zone: R-N
Key Information
6.30.1
This Zone allows for Houses and compatible non-Residential uses on
narrower Sites and Zero Lot Line Developments, creating a higher density
than the Residential Low-Density (R-L) Zone.
6.30.2
Permitted Uses
6.30.2.1
Accessory Building
6.30.2.2
Home Occupation Minor
6.30.2.3
House
6.30.2.4
House Suite
6.30.2.5
Show Home
6.30.3
Discretionary Uses
6.30.3.1
Backyard Suite
6.30.3.2
Day Care Facility
6.30.3.3
Home Occupation Major
6.30.3.4
Public Assembly
6.30.3.5
Supportive Living Accommodation
6.30.3.6
Temporary Care Facility
Regulations
6.30.4
Minimum Dimensions
House with Zero Lot
Line
Public Assembly
All Other Uses
Site Area
225.0m2
800.0m2
273.0m2
Frontage
7.5m
9.1m
9.1m
203
6.30.5
Minimum Setbacks
Use
Front Yard
Rear Yard
Side Yard
House with Zero Lot
Line
Live Portion of
Dwelling Unit: 3.0m
Attached Garage part
of Dwelling Unit:
6.0m
7.5m; or
With a rear attached
Garage: 6.0m
0.0m on 1 interior
Side Setback plus
1.5m on the other
Side Yard Setback
House with no Zero
Lot Line
Live Portion of
Dwelling Unit: 3.0m
Attached Garage part
of Dwelling Unit:
6.0m
7.5m; or
With a rear attached
Garage: 6.0m
1.25m
All other uses
Buildings with no
front attached
Garage: 3.0m
Buildings with a front
attached Garage:
6.0m
7.5m
1.25m
6.30.6
Building Height, Site Coverage, and Landscaping
Use
Maximum Building
Height
Maximum Site
Coverage
Minimum
Landscaped Area
House with Zero Lot
Line
3 storeys with an
overall maximum
height of 15.0m
measured from
Grade
60%
30% of Site Area, and
including 20% of the
Front Yard
House with no Zero
Lot Line
3 storeys with an
overall maximum
height of 15.0m
measured from
Grade
45%, unless the Site
contains a Backyard
Suite, then 60%
30% of Site Area, and
including 20% of the
Front Yard
All Other Uses
3 storeys with an
overall maximum
height of 15.0m
measured from
Grade
45%
30% of Site Area
204
6.30.7
Zero Lot Line Development
6.30.7.1
Zero Lot Line Developments are only permitted for Houses.
6.30.7.2
The landowners of the Site proposed for Development and the
affected Adjacent Site must register the following on both titles:
6.30.7.2.1
a minimum 1.5m private maintenance easement;
6.30.7.2.2
a 0.3m eave encroachment easement specifying that
eaves must not be closer than 0.9m to eaves on the
Adjacent Site; and
6.30.7.2.3
a 0.6m footing encroachment.
205
6.40
Residential Duplex Zone: R-D
Key Information
6.40.1
This Zone allows Development of Duplexes and compatible non-Residential
uses.
6.40.2
Permitted Uses
6.40.2.1
Accessory Building
6.40.2.2
Duplex
6.40.2.3
Home Occupation Minor
6.40.2.4
House
6.40.2.5
House Suite
6.40.2.6
Show Home
6.40.3
Discretionary Uses
6.40.3.1
Backyard Suite
6.40.3.2
Day Care Facility
6.40.3.3
Home Occupation Major
6.40.3.4
Public Assembly
6.40.3.5
Supportive Living Accommodation
6.40.3.6
Temporary Care Facility
Regulations
6.40.4
Minimum Dimensions
Uses
Site Area
Frontage
House
324.0m2
12.0m
Duplex
232.0m2 per Dwelling Unit
7.6m per Dwelling Unit
Public Assembly
800.0m2
12.0m
All other uses
324.0m2
12.0m
206
6.40.5
Minimum Setbacks
Uses
Front Yard
Rear Yard
Side Yard
House
Live Portion of Dwelling
Unit: 3.0m
Attached Garage part of
Dwelling Unit: 6.0m
7.5m; or
With a rear
attached
Garage: 6.0m
1.5m
Duplex
Live Portion of Dwelling
Unit: 3.0m
Attached Garage part of
Dwelling Unit: 6.0m
7.5m; or
With a rear
attached
Garage: 6.0m
Boundary with a party wall:
0.0m
Interior Side Setback
without entrance: 1.25m
Interior Side Setback with
entrance: 2.4m
Exterior Side Setback
without entrance: 1.25m
Exterior Side Setback with
entrance: 2.4m
All other uses
Buildings with no front
attached Garage or
Parking Pad: 3.0m
Buildings with front
attached Garage or
Parking Pad: 6.0m
7.5m
1.5m
6.40.6
Despite any other section in this Bylaw, the Live Portion of the Dwelling
Unit of a House with a Backyard Suite that fronts a P-1 Zone must be
Setback a minimum of 2.0m and a maximum of 3.0m.
6.40.7
Despite any other section in this Bylaw, on a Site with no lane, a House with
a Garage in the Rear Yard must have 1 Side Yard that is at least 3.0m.
207
6.40.8
Building Height, Site Coverage, and Landscaping
Category
Regulations
Building Height
Maximum: 3 storeys with an overall maximum height of
15.0m measured from Grade
Site Coverage
Maximum: 45%, unless the Site contains a Backyard
Suite, then 60%
Landscaped Area
Minimum: 30% of Site Area, and including 20% of the
Front Yard for a House or Duplex
6.40.9
Front attached Garages on Sites less than 27.0m deep must meet the
following regulations:
6.40.9.1
the front attached Garage must not be closer to the Street than
the Live Portion of the Dwelling Unit;
6.40.9.2
the Garage cannot be wider than 67% of the entire front façade of
the Live Portion of the Dwelling Unit and Garage combined;
6.40.9.3
the width of the front Driveway must not be wider than the front
Façade of the Garage.
208
6.50
Residential Medium-Density Zone: R-M
Key Information
6.50.1
This Zone allows for a mix of housing types and suitable non-Residential
uses, creating density that is compatible with Adjacent low-density or high-
density Zones.
6.50.2
Permitted Uses
6.50.2.1
Accessory Building
6.50.2.2
Apartment
6.50.2.3
Duplex
6.50.2.4
Home Occupation Minor
6.50.2.5
Show Home
6.50.2.6
Townhouse
6.50.3
Discretionary Uses
6.50.3.1
Backyard Suite
6.50.3.2
Day Care Facility
6.50.3.3
Home Occupation Major
6.50.3.4
House
6.50.3.5
House Suite
6.50.3.6
Public Assembly
6.50.3.7
Supportive Living Accommodation
6.50.3.8
Temporary Care Facility
Regulations
6.50.4
Minimum Dimensions
Use
Site Area
Frontage
House
324.0m2
12.0m
Duplex
232.0m2 per Dwelling Unit
7.6m per Dwelling Unit
209
Townhouse
125.0m2 per Dwelling Unit
15.0m; or
6.1m per Dwelling Unit if all
Dwelling Units are developed
at Grade
Apartment
-
18.0m
Public Assembly
800.0m2
12.0m
All other uses
324.0m2
12.0m
6.50.5
Minimum Setbacks
Use
Front Yard
Rear Yard
Side Yard
House
Live Portion of
Dwelling Unit: 3.0m
Attached Garage part
of Dwelling Unit:
6.0m
7.5m; or
With a rear attached
Garage: 6.0m
1.5m
Duplex
Live Portion of
Dwelling Unit: 3.0m
Attached Garage part
of Dwelling Unit:
6.0m
7.5m; or
With a rear attached
Garage: 6.0m
Boundary with a
party wall: 0.0m
Interior Side Setback
without entrance:
1.5m
Interior Side Setback
with entrance: 2.4m
Exterior Side Setback
without entrance:
1.5m
Exterior Side Setback
with entrance: 2.4m
210
Townhouse
Live Portion of
Dwelling Unit: 3.0m
Attached Garage part
of Dwelling Unit:
6.0m
7.5m; or
With a rear attached
Garage: 6.0m
Boundary with a
party wall: 0.0m
Interior Side Setback
without entrance:
1.5m
Interior Side Setback
with entrance: 2.4m
Exterior Side Setback
without entrance:
1.5m
Exterior Side Setback
with entrance: 2.4m
Apartment
4.5m
7.5m
3.0m
All other Uses
Building with no front
attached Garage or
Parking Pad: 3.0m
Buildings with front
attached Garage or
Parking Pad: 6.0m
7.5m
1.5m
6.50.6
Despite any other section in this Bylaw, on a Site with no lane, a House with
a Garage in the Rear Yard must have 1 Side Yard that is at least 3.0m to
allow access.
6.50.7
Building Height, Site Coverage, and Landscaping
Use
Maximum Building
Height
Maximum Site
Coverage
Minimum
Landscaped Area
House
3 storeys with an
overall maximum
height of 15.0m
measured from
Grade
45%, unless the
Site contains a
Backyard Suite,
then 60%
30% of Site Area, and
including 20% of the
Front Yard
Duplex
3 storeys with an
overall maximum
height of 15.0m
measured from
Grade
45%
30% of Site Area, and
including 20% of the
Front Yard
211
Townhouse
3 storeys with an
overall maximum
height of 15.0m
measured from
Grade
45%
30% of Site Area, and
including 20% of the
Front Yard
Apartment
3 storeys
45%
30%
All other Uses
3 storeys
45%
30%
212
6.60
44Residential High-Density Zone: R-H
Key Information
6.60.1
This Zone allows for a mixture of housing types and compatible non-
Residential uses at higher densities and Building Heights than other
Residential Zones.
6.60.2
Permitted Uses
6.60.2.1
Accessory Building
6.60.2.2
Apartment
6.60.2.3
Day Care Facility
6.60.2.4
Home Occupation Minor
6.60.2.5
Show Home
6.60.2.6
Townhouse
6.60.3
45Permitted Uses on the ground floor within a Residential
Building
6.60.3.1
Specialty Food Services without packaging, bottling, or shipping
of the products made as part of the use
6.60.4
Discretionary Uses
6.60.4.1
Backyard Suite
6.60.4.2
Home Occupation Major
6.60.4.3
House Suite
6.60.4.4
Public Assembly
6.60.4.5
Supportive Living Accommodation
6.60.4.6
Temporary Care Facility
6.60.5
46Discretionary Uses on the ground floor within a Residential
Building
6.60.5.1
Commercial Service Facility, excluding small animal clinics
44 3357/QQ-2024
45 3357/HH-2024
46 3357/HH-2024
213
6.60.5.2
Merchandise Sales
6.60.5.3
Restaurant
6.60.5.4
Specialty Food Services
Regulations
6.60.6
Minimum Dimensions
Use
Site Area
Frontage
Townhouse
125.0m2 per Dwelling Unit
15.0m, or
if all Dwelling Units are
Developed at Grade: 6.1m
per dwelling unit
Apartment
-
18.0m
Public Assembly
800.0m2
12.0m
All other uses
324.0m2
12.0m
6.60.7
Minimum Setbacks
Use
Front Yard
Rear Yard
Side Yard
Townhouse
Live Portion of
Dwelling Unit: 3.0m
Attached Garage part
of Dwelling Unit:
6.0m
7.5m; or
With a rear attached
Garage: 6.0m
Boundary with a
party wall: 0.0m
Interior Side Setback
without entrance:
1.5m
Interior Side Setback
with entrance: 2.4m
Exterior Side Setback
without entrance:
1.5m
Exterior Side Setback
with entrance: 2.4m
All Other Uses
4.5m
7.5m
3.0m
6.60.8
Building Height, Site Coverage, and Landscaping
214
Use
Maximum Building Height
Maximum
Site Coverage
Minimum
Landscaped Area
Townhouse
3 storeys with an overall
maximum height of 15.0m
measured from Grade
60%
30% of Site Area, and
including 20% of the
Front Yard
All other Uses
6 storeys or a maximum
height of 30.0m except for
Sites within the
Downtown core area
(Figure 7.10-1), where
there is no maximum
height
60%
30%
Existing Building of
more than 6 storeys
outside Greater
Downtown Action Plan
May be structurally
altered, or replaced with a
Building of equal or fewer
storeys
60%
30%
6.60.9
47The following Commercial uses are limited to the ground floor with a
maximum Gross Leasable Floor Area of 300m2 when co-located within a
Residential Building
6.60.9.1
Commercial Service Facility, excluding small animal clinics
6.60.9.2
Merchandise Sales
6.60.9.3
Restaurant; and
6.60.9.4
Specialty Food Services
47 3357/HH-2024
215
6.70
Residential Small-Scale Mixed-Use Zone: R-SMU
Key information
6.70.1
This Zone allows Mixed-Use Buildings with limited Building Heights.
6.70.2
Each Principal Building has ground-level Commercial space, and typically a
Townhouse-style Development.
6.70.3
Permitted Uses
6.70.3.1
Accessory Building
6.70.3.2
Home Occupation Minor
6.70.3.3
Mixed-Use Building
6.70.3.4
Show Home
6.70.4
Permitted Uses on ground floor in a Mixed-Use Building
6.70.4.1
Commercial Service Facility
6.70.4.2
Cultural Facility
6.70.4.3
Health and Medical Services
6.70.4.4
Information Service Provider
6.70.4.5
Merchandise Sales and Rentals, excluding all uses where the
primary focus is adult oriented merchandise
6.70.4.6
Professional Office
6.70.5
Discretionary Uses
6.70.5.1
Day Care Facility
6.70.5.2
Home Occupation Major
6.70.5.3
Supportive Living Accommodation
6.70.5.4
Temporary Care Facility
6.70.6
Discretionary Uses on ground floor in a Mixed-Use Building
6.70.6.1
Commercial Entertainment Facility
6.70.6.2
Indoor Recreation Facility
216
6.70.6.3
Restaurant
6.70.6.4
Specialty Food Service
Regulations
6.70.7
Minimum Dimensions
Use
Site Area
Frontage
All Uses
185.0m2
6.1m
6.70.8
Minimum Setbacks
Front Yard
Rear Yard
Side Yard
3.0m
Building with no rear attached
Garage: 1.5m
Building with a rear attached
Garage: 6.0m
Interior Side Setback: 0.0m
Interior Side Setback for Sites Abutting a
non-Mixed-Use Building: 1.8m
Exterior Side Setback: 1.8m
6.70.9
Building Height
Minimum Building Height
Maximum Building Height
2 storeys
3 storeys with an overall maximum of 15.0m
measured from Grade
6.70.10
All Mixed-Use Buildings must meet the following regulations, which cannot
be varied:
6.70.10.1
each Building must have Main Floor Commercial uses;
6.70.10.2
each Building must have a minimum of 3 Residential units;
6.70.10.3
each Commercial and Residential unit must have Road level access
that is not shared; and
6.70.10.4
the Building must not have a front attached Garage.
217
218
6.80
Residential Acreage Zone: R-A
Key Information
6.80.1
This Zone regulates existing acreage
Developments annexed by the City.
6.80.2
This Zone does not allow creation of new
acreages.
6.80.3
This Zone does not allow for subdividing
additional acreages.
6.80.4
Permitted Uses
6.80.4.1
Accessory Building, 100.0m2 or less
6.80.4.2
Home Occupation Minor
6.80.4.3
House
6.80.4.4
House Suite
6.80.4.5
Show Home
6.80.5
Discretionary Uses
6.80.5.1
Accessory Building greater than 100.0m2
6.80.5.2
Backyard Suite
6.80.5.3
Day Care Facility
6.80.5.4
Home Occupation Major
6.80.5.5
Public Assembly
6.80.5.6
Supportive Living Accommodation
6.80.5.7
Temporary Care Facility
The City does not allow
new acreages within City
limits. These rules only
apply to acreages that
already existed before
the City annexed the
land.
219
Regulations
6.80.6
Minimum Dimensions
Use
Site Area
Frontage
Lot Depth
Public Assembly
800.0m2
Existing Frontage on
date Site was
annexed or rezoned,
whichever is more
recent
Existing lot depth on
date Site was
annexed or rezoned,
whichever is more
recent
All other Uses
Existing Site Area on
date Site was
annexed or rezoned,
whichever is more
recent
Existing Frontage on
date Site was
annexed or rezoned,
whichever is more
recent
Existing lot depth on
date Site was
annexed or rezoned,
whichever is more
recent
6.80.7
R-A Zone Regulations
Category
Regulations
Front Yard Setback
Minimum: 10.0m
Rear Yard Setback
Minimum: 7.5m
Side Yard Setback
Minimum: 3.0m
Building Height
Maximum: 3 storeys with an overall maximum height of 15.0m
measured from Grade
Site Coverage
Maximum: 45%
Landscaped Area
Minimum: 30% of the Site Area, and including 20% of the Front
Yard for a House
220
6.90
Residential Manufactured Home Zone: R-MH
Key Information
6.90.1
This Zone allows for Manufactured Homes, Manufactured Home Parks, and
compatible non-Residential uses.
6.90.2
Permitted Uses
6.90.2.1
Accessory Building
6.90.2.2
Home Occupation Minor
6.90.2.3
Manufactured Home
6.90.2.4
Manufactured Home Park
6.90.2.5
Show Home
6.90.3
Discretionary Uses
6.90.3.1
Backyard Suite
6.90.3.2
Day Care Facility
6.90.3.3
Home Occupation Major
6.90.3.4
House
6.90.3.5
House Suite
6.90.3.6
Public Assembly
6.90.3.7
Supportive Living Accommodation
6.90.3.8
Temporary Care Facility
Regulations
6.90.4
Minimum Dimensions
Uses
Site Area
Frontage
Manufactured Home Park
1.0ha
-
Manufactured Home on a Manufactured Home Lot
324.0m2
10.5m
Manufactured Home on a subdivided Site or condominium Site
324.0m2
10.5m
221
Public Assembly
800.0m2
10.5m
All other uses
324.0m2
10.5m
6.90.5
Minimum Setbacks
Use
Front Yard
Rear Yard
Side Yard
Manufactured Home Park
7.5m
7.5m
7.5m
Manufactured Home on a
Manufactured Home Lot
3.0m from
the Front
Boundary
6.0m from
the Rear
Boundary
2.35m on 1 Interior side
Setback plus 1.5m on the
other Side Yard Setback
Manufactured Home on
subdivided or condominium Site
3.0m
7.5m
1.5m
All other uses
3.0m
7.5m
1.5m
6.90.6
Building Height, Site Coverage, and Landscaping
Use
Maximum Building
Height
Maximum Site
Coverage
Minimum
Landscaped Area
Manufactured Home Park
-
45%
30%
Manufactured Home on a
Manufactured Home Lot
1 storey
45%, unless the Site
contains a Backyard
Suite, then 60%
30%
Manufactured Home on
subdivided Site or
condominium Site
1 storey
45%, unless the Site
contains a Backyard
Suite, then 60%
30% of the Site
Area, and
including 20% of
the Front Yard
All other uses
3 storeys with a
maximum height of
15.0m measured
from Grade
45%, unless the Site
contains a Backyard
Suite, then 60%
30%
222
Part 7 Commercial Zones
7.10
City Centre Commercial Zone: C-1
Key Information
7.10.1
This Zone allows for an active, compact and mixed-use area, creating a focal
point for the community with uses that serve the City and region as a
whole.
7.10.2
This Zone allows Commercial, high density Residential, offices, institutional,
cultural, entertainment, and recreational uses.
7.10.3
Permitted Uses
7.10.3.1
Accessory Building
7.10.3.2
Apartment
7.10.3.3
Business Incubator
7.10.3.4
Business Support Services
7.10.3.5
Commercial Entertainment Facility
7.10.3.6
Commercial School
7.10.3.7
Commercial Service Facility
7.10.3.8
Communication Facility
7.10.3.9
Cultural Facility
7.10.3.10
Day Care Facility
7.10.3.11
Educational Institution - Post-Secondary
7.10.3.12
Educational Institution - Primary and Secondary
7.10.3.13
Funeral Home
7.10.3.14
Government Services
7.10.3.15
Health and Medical Services
7.10.3.16
Home Occupation Minor
7.10.3.17
Hospital
7.10.3.18
Hostel
223
7.10.3.19
Hotel
7.10.3.20
Indoor Recreation Facility
7.10.3.21
Information Service Provider
7.10.3.22
Lease Bay Building
7.10.3.23
Liquor, Beer, and Wine Sales
7.10.3.24
Merchandise Sales and Rentals
7.10.3.25
Microbrewery
7.10.3.26
Mixed-Use Building
7.10.3.27
Outdoor Display or Sale of Goods
7.10.3.28
Parking Structure
7.10.3.29
Professional Office
7.10.3.30
Public Assembly
7.10.3.31
Restaurant
7.10.3.32
Service Organization
7.10.3.33
Shopping Centre
7.10.3.34
Show Home
7.10.3.35
Specialty Food Services
7.10.3.36
Supportive Living Accommodation
7.10.4
Discretionary Uses
7.10.4.1
Above-Ground Storage Tanks for motor fuel products including
propane and used oil
7.10.4.2
Cannabis Retail Sales
7.10.4.3
48Charitable Distribution Centre
7.10.4.4
Dangerous Goods Occupancy
7.10.4.5
Detention and Correction Services
7.10.4.6
Drinking Establishment (Adult Entertainment Permitted)
7.10.4.7
Drinking Establishment (Adult Entertainment Prohibited)
48 3357/W-2026
224
7.10.4.8
Dynamic Fascia Sign
7.10.4.9
Dynamic Freestanding Sign
7.10.4.10
Gaming or Gambling Establishment
7.10.4.11
Home Occupation Major
7.10.4.12
Late Night Club
7.10.4.13
Motor Vehicle Sales, Service, or Repair, excluding the sales,
servicing, and repair of Recreational Vehicles
7.10.4.14
Open Space
7.10.4.15
Parking Lot
7.10.4.16
Service Station
7.10.4.17
Temporary Care Facility, except within the Gaetz-Ross Heritage
Overlay areas
7.10.4.18
Transportation Services
Regulations
7.10.5
Dimensions
Category
Regulations
Building Height
Minimum first storey height: 4.5m
Minimum Building Height measured from Grade to the cornice
(eave) line: 8.5m
Maximum: N/A
Site Area
Minimum: 278.0m2
Front Yard Setback
Commercial minimum: 0.0m, unless subject to subsection
3.200.3.
Residential maximum: 3.0m
Side Yard Setback
Minimum: 0.0m, unless subject to subsection 3.200.3.
If the Side Yard Abuts a lane, minimum: 1.5m
If the Side Yard Abuts an R-L, R-W, or R-N Zoned site, minimum:
3.0m
225
Rear Yard Setback
Minimum: 1.5m subject to subsection 3.200.3.
Landscaped Area
Subject to regulations listed in subsection 7.10.9.
Frontage
Minimum: 7.5m
7.10.6
Mixed-Use Buildings will be subject to the Commercial regulations set out
in subsection 7.10.5
7.10.7
Dwelling Units are not allowed on the Main Floor of any Building in the
downtown core area as outlined in Figure 7.10-1.
7.10.8
Development consisting of a Service Station, Parking Lot, Parking Structure,
or Utility Facility must include a 1.5m landscaping buffer parallel to and
Abutting the Front Boundary, and Corner Sites must have an additional
1.5m landscaping buffer parallel to the flanking Road.
226
Figure 7.10-1: Downtown Core Area
227
7.10.9
Design Criteria
7.10.9.1
Building Elevations Facing the Road
7.10.9.1.1
Building elevations facing the Road must be parallel to
the Road and Abut the Sidewalk.
7.10.9.1.2
For Corner Site or Sites with multiple Road Frontages, at
least 2 Building elevations facing the Road must be
parallel to the Road and Abut the Sidewalk.
7.10.9.1.3
Buildings facing the Road must not have horizontal
walls exceeding 5.0m without including a distinct
architectural element.
7.10.9.1.4
The Main Floor of any Commercial or Mixed-Use
Building with an elevation facing the Road must be a
minimum of 50% windows.
7.10.9.1.5
All Building elevations visible from adjacent Roads must
design elements oriented to the Road.
7.10.9.2
Parking, Loading, and Delivery Zones
7.10.9.2.1
Where a lane Abuts the Site, access to Parking, loading,
and delivery zones on the Site must be provided from
the lane.
7.10.9.2.2
Surface Parking between the Road and the Building is
not permitted, except on 1 side of the Building if the
Site is bordered by Roads on 3 sides.
7.10.9.3
Driveways
7.10.9.3.1
Driveways must minimize impacts to existing Sidewalks,
trees, and boulevards.
7.10.9.3.2
Developments must use existing Driveways wherever
possible.
7.10.9.4
Fencing and Screening
7.10.9.4.1
Fencing for vacant Sites, construction Sites, and around
waste containers is subject to Development Authority
approval.
7.10.9.4.2
Screening must be used so waste containers are not
visible from the surrounding Roads.
228
7.10.9.4.3
Mechanical equipment, including roof units, must be
concealed by:
7.10.9.4.3.1
screening compatible with the
architectural character of the Building;
or
7.10.9.4.3.2
incorporating it within the Building.
7.10.9.5
Additional Regulations for Commercial and Mixed-Use Buildings:
7.10.9.5.1
Buildings facing a Road must be constructed:
7.10.9.5.1.1
to the Boundary of the Site;
7.10.9.5.1.2
to the Setback from the Boundary as per
subsection 3.200.3;
7.10.9.5.1.3
to the Setback for an Amenity Space to
the pedestrian environment as per
subsection 3.200.3;
7.10.9.5.2
For Sites with Frontage on 3 or more Roads, at least 2
Building elevations must be built to the regulations in
subsection 7.10.9.5.1.
7.10.9.5.3
Building Entrances
7.10.9.5.3.1
Display windows must be adjacent to
each front entrance of a retail use.
7.10.9.5.3.2
Overhead weather protection must be
provided for pedestrians at each
Building entrance along Building fronts.
7.10.9.5.3.3
Building cantilevers and attached
awnings and canopies must not project
more than 3.0m from any front Building
Façade.
7.10.9.5.3.4
Buildings constructed to the front
Boundary of the Site must have front
entrances that are angled and recessed
0.9m to 1.5m from the front Building
Façade.
229
7.10.9.5.3.5
Residential and Commercial entrances
must be differentiated architecturally in
Mixed-Use Buildings to avoid confusion.
7.10.9.6
Additional Regulations for Residential Buildings
7.10.9.6.1
The Main Floor must not be located higher than 1.5m
above the Grade of the front Sidewalk.
7.10.9.6.2
Retaining walls, railings, fences, or hedges in the
minimum Front Yard must not exceed 1.0m in height.
7.10.9.6.3
Front Building elevations must incorporate architectural
design elements such as balconies, verandas, canopies,
and window Projections.
7.10.9.6.4
Landscaping
7.10.9.6.4.1
The Front Yard must include 1 tree per
7.5m of Site Frontage. Trees must be
minimum 0.06m diameter (deciduous)
or minimum 2.5m height (coniferous).
7.10.9.6.4.2
Residential Developments that have
Residential uses on the Main Floor must
have a 1.5m wide landscaping buffer
parallel to and Abutting the Front
Boundary.
7.10.9.6.4.3
Corner Sites must have an additional
1.5m wide landscaping buffer parallel to
the flanking Road.
7.10.9.7
Setbacks
7.10.9.7.1
The minimum Rear Yard or Side Yard Setback of 1.5m
does not apply to a Site if the landowner:
7.10.9.7.1.1
has transferred the title of the land to
The City that would otherwise be
required as additional Setback.
7.10.9.7.1.2
has entered a License to Occupy
agreement with The City if the Setback
or any part of it is occupied by a
Building.
230
7.10.9.8
Building Heights
7.10.9.8.1
For Buildings greater than 12 storeys, the Development
Authority is the Municipal Planning Commission.
7.10.9.9
Heritage Buildings and Development Adjacent to Heritage
Buildings
7.10.9.9.1
Subsection 7.10.9.9 applies to heritage Buildings and
properties listed under the Historical Preservation
Overlay or Historical Significance Overlay in this Bylaw
and located within the C-1 Zone.
7.10.9.9.2
New Development must complement adjacent heritage
Buildings and the heritage character of the Immediate
Road Context.
7.10.9.9.3
The height of new Buildings must be divided up so the
Façade of the Building matches the scale of existing
heritage Buildings in the area. The tallest part of the
new Building must step back from the Road.
7.10.9.9.4
The redevelopment of heritage Buildings, including
heritage Buildings incorporated into new
Developments, must align with the Standards and
Guidelines for the Conservation of Historic Places in
Canada.
Example of a Building with step
backs from the Road affecting
floors above ground level
231
7.11
City Centre West Commercial Zone: C-1A
Key Information
7.11.1
This Zone allows for a unique mix of land uses including offices,
Commercial, Industrial, institutional, cultural, and Residential
Developments, serving the City and the region as a whole.
7.11.2
Permitted Uses
7.11.2.1
Accessory Building
7.11.2.2
Apartment
7.11.2.3
Business Incubator
7.11.2.4
Business Support Services
7.11.2.5
Commercial Entertainment Facility
7.11.2.6
Commercial Service Facility
7.11.2.7
Cultural Facility
7.11.2.8
Day Care Facility
7.11.2.9
Health and Medical Services
7.11.2.10
Hostel
7.11.2.11
Hotel
7.11.2.12
Indoor Recreation Facility
7.11.2.13
Information Service Provider
7.11.2.14
Lease Bay Building
7.11.2.15
Liquor, Beer, and Wine Sales
7.11.2.16
Merchandise Sales and Rentals
7.11.2.17
Outdoor Display or Sale of Goods
7.11.2.18
Professional Office
7.11.2.19
Public Assembly
7.11.2.20
Restaurant
7.11.2.21
Show Home
7.11.2.22
Specialty Food Services
232
7.11.2.23
Supportive Living Accommodation
7.11.3
Discretionary Uses
7.11.3.1
49Charitable Distribution Centre
7.11.3.2
Communications Facility
7.11.3.3
Dangerous Goods Occupancy
7.11.3.4
Drinking Establishment (Adult Entertainment Prohibited)
7.11.3.5
50Educational Institution - Primary and Secondary
7.11.3.6
Funeral Home
7.11.3.7
Gaming or Gambling Establishment
7.11.3.8
Home Occupation Major
7.11.3.9
Home Occupation Minor
7.11.3.10
Late Night Club
7.11.3.11
Manufacturing
7.11.3.12
Mixed-Use Building
7.11.3.13
Motor Vehicle Sales, Service, or Repair
7.11.3.14
Outdoor Storage
7.11.3.15
Parking Lot
7.11.3.16
Parking Structure
7.11.3.17
Temporary Care Facility
7.11.3.18
Transportation Services
7.11.3.19
Warehouse in an existing Building
Regulations
7.11.4
Dimensions
Category
Regulations
49 3357/W-2026
50 3357/UU-2024
233
Building Height
Minimum first storey height: 4.5m
Minimum Building Height: 8.5m measured from
Grade to the cornice (eave) line
Maximum: N/A
Site Area
Minimum: 900.0m2
Front Yard Setback
Commercial minimum: 0.0m
Residential maximum: 3.0m
Side Yard Setback
Minimum: 0.0m
If the Side Yard Abuts a lane or Road, minimum:
1.5m
If the Side Yard Abuts a Residential Site, minimum:
3.0m
Rear Yard Setback
Minimum: 1.5m
Landscaped Area
Minimum: 15% Site Area
Frontage
Minimum: 20.0m
7.11.5
Mixed-Use Buildings will be subject to the Commercial regulations set out
in subsection 7.11.4.
7.11.6
Design Criteria
7.11.6.1
All Building elevations visible from Roads must feature design
elements oriented to the Road.
7.11.6.2
Waste containers must not be visible from the surrounding Roads.
234
7.20
Multi-Neighbourhood Commercial Zone: C-2
Key Information
7.20.1
This Zone allows Commercial centres along arterial and collector Roads that
border Residential areas, providing for accommodations, entertainment,
daily services, offices, Dwelling Units as secondary functions, and uses that
serve the surrounding neighbourhoods.
7.20.2
Permitted Uses
7.20.2.1
Accessory Building
7.20.2.2
Business Incubator
7.20.2.3
Business Support Services
7.20.2.4
Commercial Entertainment Facility
7.20.2.5
Commercial School
7.20.2.6
Commercial Service Facility
7.20.2.7
Day Care Facility
7.20.2.8
Drive-Through
7.20.2.9
Government Services
7.20.2.10
Health and Medical Services
7.20.2.11
Indoor Recreation Facility
7.20.2.12
Information Service Provider
7.20.2.13
Lease Bay Building
7.20.2.14
Liquor, Beer, and Wine Sales
7.20.2.15
Merchandise Sales and Rentals
7.20.2.16
Outdoor Display or Sale of Goods
7.20.2.17
Professional Office
7.20.2.18
Restaurant
7.20.2.19
Shopping Centre
7.20.2.20
Show Home
7.20.3
Discretionary Uses
235
7.20.3.1
Above-Ground Storage Tanks for motor fuel including propane
and used oil
7.20.3.2
Apartment
7.20.3.3
Communication Facility
7.20.3.4
Cultural Facility
7.20.3.5
Dangerous Goods Occupancy
7.20.3.6
Drinking Establishment (Adult Entertainment Prohibited)
7.20.3.7
Dynamic Fascia Sign
7.20.3.8
Dynamic Freestanding Sign
7.20.3.9
51Educational Institution - Primary and Secondary
7.20.3.10
Gaming or Gambling Establishment
7.20.3.11
Home Occupation Minor
7.20.3.12
Hostel
7.20.3.13
Hotel
7.20.3.14
Liquor, Beer, and Wine Sales
7.20.3.15
Microbrewery
7.20.3.16
Mixed-Use Building
7.20.3.17
Motor Vehicle Sales, Service, or Repair, but excluding agricultural
or Industrial motor vehicles or machinery
7.20.3.18
Outdoor Storage
7.20.3.19
Parking Lot
7.20.3.20
Parking Structure
7.20.3.21
Public Assembly
7.20.3.22
Service Station
7.20.3.23
Supportive Living Accommodations
7.20.3.24
Specialty Food Services
7.20.3.25
Transportation Services
51 3357/UU-2024
236
Regulations
7.20.4
Dimensions
Category
Regulations
Building Height
Maximum: 3 storeys, with an overall maximum height of 15.0m
measured from Grade
Site Area
Lease Bay Building maximum: 3.0ha
Shopping Centre minimum: 1.0ha
Shopping Centre maximum: 3.0ha
Supportive Living Accommodation minimum: 324.0m2
Front Yard Setback
Minimum: 3.0m
Apartment minimum: 4.5m
Side Yard Setback
Minimum: 3.0m
Supportive Living Accommodation minimum:
- Interior Side Yard 1.5m
- Exterior Side Yard 2.4m
Rear Yard Setback
Minimum: 3.0m
If the Side Yard Abuts a lane, minimum: 1.5m
Apartment minimum: 7.5m
Supportive Living Accommodation minimum: 7.5m
Landscaped Area
Minimum: 15% Site Area
Apartment minimum: 30% of Site Area, including 20% of the
Front Yard area, for the proposed Development
Supportive Living Accommodation minimum: 30% Site Area
Frontage
Minimum: 0.0m
Apartment minimum: 18.0m
Supportive Living Accommodation minimum: 12.0m
237
7.20.5
Mixed-Use Buildings will be subject to the Commercial regulations set out
in subsection 7.20.4
7.20.6
Professional Office floor area must be a maximum of 930m2.
238
7.30
Neighbourhood Commercial Zone: C-3
Key Information
7.30.1
This Zone allows local convenience centres for residents, allows business
services, Dwelling Units, and medical offices as secondary functions, and
allows uses that serve adjoining neighbourhoods.
7.30.2
Permitted Uses
7.30.2.1
Accessory Building
7.30.2.2
Business Incubator
7.30.2.3
Commercial Schools
7.30.2.4
Commercial Service Facility
7.30.2.5
Day Care Facility
7.30.2.6
Health and Medical Services
7.30.2.7
Information Service Provider
7.30.2.8
Lease Bay Building
7.30.2.9
Merchandise Sales and Rentals, excluding all uses where the
primary focus is adult oriented merchandise
7.30.2.10
Professional Office
7.30.2.11
Restaurant
7.30.3
Discretionary Uses
7.30.3.1
Above-Ground Storage Tanks for motor fuel products including
propane and used oil
7.30.3.2
Commercial Entertainment Facility
7.30.3.3
Communication Facility
7.30.3.4
Cultural Facility
7.30.3.5
Dangerous Goods Occupancy, where required, in association
with a dry-cleaning business
7.30.3.6
Drinking Establishment (Adult Entertainment Prohibited)
7.30.3.7
52Educational Institution - Primary and Secondary
52 3357/UU-2024
239
7.30.3.8
Home Occupation Minor
7.30.3.9
Indoor Recreation Facility
7.30.3.10
Liquor, Beer, and Wine Sales
7.30.3.11
Mixed-Use Building
7.30.3.12
Motor Vehicle Sales, Service, or Repair but excluding agricultural
or Industrial motor vehicles or machinery
7.30.3.13
Public Assembly
7.30.3.14
Service Station
7.30.3.15
Show Home
7.30.3.16
Specialty Food Services
7.30.3.17
Transportation Services
Regulations
7.30.4
Dimensions
Category
Regulations
Building Height
Maximum 3 storeys, with an overall maximum height of 15.0m
measured from Grade, unless in Developed Areas (see Figure
3.190-1), where the maximum Building Height must be within 1
storey of the existing Principal Building with the least number of
storeys on an Abutting Residential Site
Site Area
Minimum: 0.0m
Maximum: 4047.0m2
Front Yard Setback
Minimum: 0.0m, subject to regulations listed in subsection 3.200.3
Side Yard Setback
Minimum: 0.0m
If the Side Yard Abuts a lane, minimum: 1.5m
If the Side Yard Abuts a Residential Site, minimum: 3.0m
Rear Yard Setback
Minimum: 3.0m
If the Rear Yard Abuts a lane, minimum: 1.5m
Landscaped Area
Minimum: 15% Site Area
240
Frontage
Minimum: 7.5m
7.30.5
Professional Office floor area must be a maximum of 930m2.
7.30.6
Dwelling Units are only allowed above the Main Floor in Mixed-Use
Buildings.
7.30.7
Design Criteria
7.30.7.1
Display windows must be installed next to each front entrance of a
retail space.
7.30.7.2
Buildings must be designed:
7.30.7.2.1
with the minimum Front Yard Setback, except when
more space is required for amenities such as an eating
patio, outdoor display, or benches; or
7.30.7.2.2
within the average Front Yard Setback of the Immediate
Road Context to fit the character of the surrounding
area.
241
7.40
Major Arterial Commercial Zone: C-4
Key Information
7.40.1
This Zone facilitates large Commercial Developments with good visibility
and accessibility along, or adjacent to, major Roads such as Gaetz Avenue
and 67 Street.
7.40.2
This Zone promotes the intensification of land use and mixed-use
Development, transit-oriented Development, serving the City and the
region as a whole.
7.40.3
Permitted Uses
7.40.3.1
Accessory Building
7.40.3.2
Business Incubator
7.40.3.3
Business Support Services
7.40.3.4
Commercial Entertainment Facility
7.40.3.5
Commercial School
7.40.3.6
Commercial Service Facility
7.40.3.7
Drive-Through
7.40.3.8
General Contractor Services
7.40.3.9
Government Services
7.40.3.10
Health and Medical Services
7.40.3.11
Hostel
7.40.3.12
Hotel
7.40.3.13
Indoor Recreation Facility
7.40.3.14
Information Service Provider
7.40.3.15
Lease Bay Building
7.40.3.16
Liquor, Beer, and Wine Sales
7.40.3.17
Merchandise Sales and Rentals
7.40.3.18
Mixed-Use Building
7.40.3.19
Motor Vehicle Sales, Service, or Repair
242
7.40.3.20
Outdoor Display or Sale of Goods
7.40.3.21
Professional Office
7.40.3.22
Public Assembly
7.40.3.23
Restaurant
7.40.3.24
Service Station
7.40.3.25
Show Home
7.40.3.26
Specialty Food Services
7.40.3.27
Supportive Living Accommodation
7.40.3.28
53Day Care Facility
7.40.3.29
54Shopping Centre
7.40.4
Discretionary Uses
7.40.4.1
Above-Ground Storage Tanks for motor fuel products including
propane and used oil
7.40.4.2
Animal Services
7.40.4.3
Apartment
7.40.4.4
Billboard Sign
7.40.4.5
Cannabis Retail Sales
7.40.4.6
55Charitable Distribution Centre
7.40.4.7
Communication Facility
7.40.4.8
Cultural Facility
7.40.4.9
Dangerous Goods Occupancy
7.40.4.10
56Deleted
7.40.4.11
Drinking Establishment (Adult Entertainment Prohibited)
7.40.4.12
Drinking Establishment (Adult Entertainment Permitted)
7.40.4.13
Dynamic Fascia Sign
53 3357/QQ-2024
54 3357/C-2026
55 3357/W-2026
56 3357/QQ-2024
243
7.40.4.14
Dynamic Freestanding Sign
7.40.4.15
57Educational Institution - Primary and Secondary
7.40.4.16
Funeral Home
7.40.4.17
Gaming or Gambling Establishment
7.40.4.18
Greenhouse
7.40.4.19
Home Occupation Minor
7.40.4.20
Microbrewery
7.40.4.21
Outdoor Storage
7.40.4.22
Parking Lot
7.40.4.23
Parking Structure
7.40.4.24
Recycling Depot
7.40.4.25
Self-Storage Facility
7.40.4.26
Transportation Services
7.40.4.27
Warehouse
Regulations
7.40.5
Dimensions
Category
Regulations
Building Height
Maximum: 4 storeys with an overall maximum height of 20.0m
measured from Grade
Supportive Living Accommodation or Apartment maximum: 3
storeys with an overall maximum height of 15.0m measured
from Grade
Site Area
Minimum: 0.1ha
Maximum: 4.5ha
Supportive Living Accommodation minimum: 324.0m2
57 3357/UU-2024
244
Front Yard Setback
Minimum: 0.0m
Maximum: 15.0m
Apartment minimum: 4.5m
Supportive Living Accommodation minimum: 3.0m
Side Yard Setback
Minimum: 0.0m
If the Side Yard Abuts a lane or Road, minimum: 1.5m
If the Side Yard Abuts a Residential Site, minimum: 3.0m
Apartment minimum: 3.0m
Supportive Living Accommodation minimum:
- Interior Side Yard: 1.5m
- Exterior Side Yard: 2.4m
Rear Yard Setback
Minimum: 0.0m
If the Rear Yard Abuts a Residential Site, minimum: 3.0m
Supportive Living Accommodation or Apartment minimum:
7.5m
Landscaped Area
Minimum: 15% Site Area
Apartment minimum: 30% of Site Area including 20% of the
Front Yard area for the proposed Development
Supportive Living Accommodation minimum: 30% Site Area
Frontage
Minimum: 30.0m
Apartment minimum: 18.0m
Supportive Living Accommodation minimum: 12.0m
7.40.6
Mixed-Use Buildings will be subject to the Commercial regulations set out
in subsection 7.40.5
7.40.7
Professional Office floor area must be a maximum of 4,645m2.
7.40.8
Design Criteria
7.40.8.1
Buildings must face the Road.
245
7.40.8.2
Building walls facing a Road must feature design elements at
approximately 6.0m - 8.0m intervals.
7.40.8.3
The Development Authority may require a Rear Yard Setback
based on the Site's access, Site Parking, loading, and servicing and
the effect on neighboring Sites.
246
7.50
Mixed-Use Commercial Zone: C-5
Key Information
7.50.1
This Zone allows for a variety and mix of Commercial and Residential uses
along collector Roads, encouraging community-oriented Commercial
Buildings that have living spaces above the Main Floor, and providing uses
that serve surrounding neighbourhoods.
7.50.2
Permitted Uses
7.50.2.1
Accessory Building
7.50.2.2
Apartment
7.50.2.3
Business Incubator
7.50.2.4
Business Support Services
7.50.2.5
Commercial Entertainment Facility
7.50.2.6
Commercial School
7.50.2.7
Commercial Service Facility
7.50.2.8
Cultural Facility
7.50.2.9
Day Care Facility
7.50.2.10
Government Services
7.50.2.11
Health and Medical Services
7.50.2.12
Home Occupation Minor
7.50.2.13
Indoor Recreation Facility
7.50.2.14
Information Service Provider
7.50.2.15
Lease Bay Building
7.50.2.16
Liquor, Beer, and Wine Sales
7.50.2.17
Merchandise Sales and Rentals, excluding uses where the
primary focus is adult oriented merchandise
7.50.2.18
Mixed-Use Building
7.50.2.19
Outdoor Display or Sale of Goods
7.50.2.20
Professional Office
247
7.50.2.21
Public Assembly
7.50.2.22
Restaurant without Drive-Through
7.50.2.23
Shopping Centre
7.50.2.24
Show Home
7.50.2.25
Specialty Food Services
7.50.2.26
Townhouse
7.50.3
Discretionary Uses
7.50.3.1
Above Ground Storage Tanks for motor fuel products including
propane and used oil
7.50.3.2
Animal Services
7.50.3.3
Communications Facility
7.50.3.4
Dangerous Goods Occupancy
7.50.3.5
Drinking Establishment (Adult Entertainment Prohibited)
7.50.3.6
Drive-Through
7.50.3.7
Dynamic Fascia Sign
7.50.3.8
Dynamic Freestanding Sign
7.50.3.9
58Educational Institution - Primary and Secondary
7.50.3.10
Home Occupation Major
7.50.3.11
Hostel
7.50.3.12
Hotel
7.50.3.13
Microbrewery
7.50.3.14
Motor Vehicle Service or Repair
7.50.3.15
Parking Lot
7.50.3.16
Parking Structure
7.50.3.17
Service Station
7.50.3.18
Supportive Living Accommodation
7.50.3.19
Transportation Services
58 3357/UU-2024
248
Regulations
7.50.4
Dimensions
Category
Regulations
Building Height
Apartments, Mixed-Use, Commercial or civic Building:
maximum 4 storeys with an overall maximum height of 20.0m
measured from Grade
Townhouse: maximum 3 storeys with an overall maximum
height of 15.0m measured from Grade
Site Area
Minimum: 0.0m2
Supportive Living Accommodation minimum: 324.0m2
Townhouse minimum: 125.0m2 per Dwelling Unit
Front Yard Setback
Minimum: 0.0m
Maximum: 3.0m
Apartment minimum: 4.5m
Supportive Living Accommodation minimum: 3.0m
Townhouse minimum:
- Living part of Dwelling Unit: 3.0m
- Attached Garage part of Dwelling Unit: 6.0m
249
Side Yard Setback
Minimum: 0.0m
If the Side Yard Abuts a lane or Road, minimum: 1.5m
If the Side Yard Abuts a Residential Site, minimum: 3.0m
Apartment minimum: 3.0m
Supportive Living Accommodation minimum:
- Interior Side Yard: 1.5m
- Exterior Side Yard: 2.4m
Townhouse minimum:
- Boundary with party wall: 0.0m
- Interior Side Yard without entrance: 1.5m
- Interior Side Yard with entrance: 2.4m
- Exterior Side Yard: 2.4m
Rear Yard Setback
Minimum 0.0m
If the Rear Yard Abuts a Residential Site: 3.0m
Supportive Living Accommodation or Apartment minimum:
7.5m
Townhouse minimum: 7.5m, or 6.0m for Townhouse with a
rear attached Garage
Landscaped Area
Minimum: 15% Site Area
Apartment or Townhouse minimum: 30% of Site Area,
including 20% of the Front Yard area for the proposed
Development
Supportive Living Accommodation minimum: 30% of Site Area
Frontage
Minimum: 0.0m
Apartment minimum: 18.0m
Supportive Living Accommodation minimum: 12.0m
Townhouse minimum: 15.0m, or 6.1m per Dwelling Unit if all
Dwelling Units are developed at Grade
250
7.50.5
Mixed-Use Buildings will be subject to the Commercial regulations set out
in subsection 7.50.4.
7.50.6
Professional Office floor area must be a maximum of 930m2.
7.50.7
Design Criteria
7.50.7.1
The Development Authority may vary the minimum Front Yard
Setback for Buildings fronting collector Roads to allow for Amenity
Space.
7.50.7.2
The Development Authority may require a Rear Yard Setback
based on the Site's access, Site Parking, loading, and servicing and
the effect on neighboring Sites.
7.50.7.3
Building walls facing a Road must feature design elements at
approximately 6.0m - 8.0m intervals.
7.50.7.4
Residential and Commercial entrances in Mixed-Use Buildings
must be differentiated architecturally to avoid confusion.
7.50.7.5
Display windows must be adjacent to each front entrance of a
retail space on the Main Floor.
7.50.7.6
Ground floor windows may have window Signs.
7.50.7.7
If a higher density, mixed-use Development is Adjacent to a less
intensive Zone, the more compatible use and Building type must
be sited near the Zone edge.
7.50.8
Surface Parking
7.50.8.1
Surface Parking must be:
7.50.8.1.1
located behind the Building; and
7.50.8.1.2
integrated with pedestrian connections to Sidewalks
and trails.
7.50.8.2
Surface Parking must not be located between a Road and a
Building.
7.50.8.3
Underground Parking is encouraged.
251
Part 8 Industrial Zones
8.10
Industrial Business Service Zone: I-1
Key Information
8.10.1
This Zone supports a limited range of light Industrial, warehousing, storage,
and Industrial support services that do not create or emit noises, odours,
dust, fumes, or other nuisance factors.
8.10.2
Permitted Uses
8.10.2.1
Above Ground Storage Tanks for motor fuel products, but not
more than 2 separate 500L tanks
8.10.2.2
Accessory Building
8.10.2.3
Business Support Services
8.10.2.4
Communication Facility
8.10.2.5
General Contractor Services
8.10.2.6
Industrial Operations
8.10.2.7
Industrial or Commercial Training Facility
8.10.2.8
Lease Bay Building
8.10.2.9
Manufactured Home Sales
8.10.2.10
59Motor Vehicle Services, Sales, or Repair, excluding the sale of
motor vehicles;
8.10.2.11
Oilfield Support Services
8.10.2.12
Outdoor Storage
8.10.2.13
Recycling Depot
8.10.2.14
Restaurant
8.10.2.15
Self Storage Facility
8.10.2.16
Service Station
8.10.2.17
Supporting Sales
59 3357/SS-2024
252
8.10.2.18
Transportation Services
8.10.2.19
Warehouse
8.10.3
60Discretionary Uses
8.10.3.1
Above Ground Storage Tanks, more than 2 separate 500L tanks
8.10.3.2
Alternative or Renewable Energy Facility
8.10.3.3
Animal Services
8.10.3.4
Auction Mart excluding livestock
8.10.3.5
Billboard Sign
8.10.3.6
Cannabis Production Facility
8.10.3.7
61Charitable Distribution Centre
8.10.3.8
Commercial School, limited to the instruction, training, or
certification of Industrial trades
8.10.3.9
Crematorium
8.10.3.10
Dangerous Goods Occupancy
8.10.3.11
Data Processing Centre
8.10.3.12
Dynamic Fascia Sign
8.10.3.13
Dynamic Freestanding Sign
8.10.3.14
Eco Industrial Waste Production or Consumption
8.10.3.15
Greenhouse
8.10.3.16
Machinery Sales
8.10.3.17
Microbrewery
8.10.3.18
62Motor Vehicle Sales, Service, or Repair, limited to motor
vehicle sales
8.10.3.19
Outdoor Display or Sale of Goods
8.10.3.20
Parking Lot
8.10.3.21
Parking Structure
60 3357/U-2026
61 3357/W-2026
62 3357/SS-2024
253
8.10.3.22
Security Suite
8.10.3.23
Professional Office
Regulations
8.10.4
Dimensions
Category
Regulations
Building Height
As per the Development Authority
Site Area
Minimum: 929.0m2
Front Yard Setback
Minimum: 6.0m, except 9.0m for Edgar Industrial
Drive and I-1 Zoned Sites within an Eco Industrial
Park Overlay Zone
Side Yard Setback
63Minimum: 4.0m on one side
Rear Yard Setback
Minimum: 3.0m
Landscaped Area
15% of minimum Front Yard required for the Site and
any Side Yard or Rear Yard if adjacent to a Road
Frontage
Minimum: 22.0m
8.10.5
No Building in this Zone may be closer than 18.0m to major arterial Roads
or service roads adjacent to major arterial Roads.
8.10.6
8.10.6.1
64Professional Office shall have a maximum gross floor area of
2, 323m2
63 3357/QQ-2024
64 3357/U-2026
254
8.20
Heavy Industrial Zone: I-2
Key Information
8.20.1
The I-2 Zone supports a wide range of manufacturing, assembling,
fabrication, and processing of goods that include nuisance factors.
8.20.2
65Permitted Uses
8.20.2.1
Above-Ground Storage Tanks for motor fuel products, but not
more than 2 separate 500L tanks
8.20.2.2
Accessory Building
8.20.2.3
Communication Facility
8.20.2.4
Data Processing Centre
8.20.2.5
General Contractor Services
8.20.2.6
Industrial Operations
8.20.2.7
Lease Bay Building
8.20.2.8
Manufactured Home Sales
8.20.2.9
66Motor Vehicle Services, Sales, or Repair, excluding the sale of
motor vehicles;
8.20.2.10
Oilfield Support Services
8.20.2.11
Outdoor Storage
8.20.2.12
Recycling Depot
8.20.2.13
Service Station
8.20.2.14
Supporting Sales
8.20.2.15
Transportation Service
8.20.2.16
Warehouse
8.20.3
67Discretionary Uses
8.20.3.1
Above Ground Storage Tanks, more than 2 separate 500L tanks
65 3357/SS-2024
66 3357/SS-2024
67 3357/SS-2024
255
8.20.3.2
Alternate or Renewable Energy Facility on Sites designated in an
Eco Industrial Park Overlay Zone
8.20.3.3
Animal Services
8.20.3.4
Auction Mart including livestock
8.20.3.5
Billboard Sign
8.20.3.6
Cannabis Production Facility
8.20.3.7
Commercial School, limited to the instruction, training, or
certification of Industrial trades.
8.20.3.8
Crematorium
8.20.3.9
Dangerous Goods Occupancy
8.20.3.10
Dynamic Fascia Sign
8.20.3.11
Dynamic Freestanding Sign
8.20.3.12
Eco Industrial Waste Production or Consumption
8.20.3.13
Industrial or Commercial Training Facility
8.20.3.14
Machinery Sales
8.20.3.15
68Motor Vehicle Sales, Service, or Repair, limited to motor
vehicle sales
8.20.3.16
Outdoor Display or Sale of Goods
8.20.3.17
Restaurant
8.20.3.18
Security Suite
8.20.3.19
Wastewater Treatment Plant
Regulations
8.20.4
69Dimensions
Category
Regulations
Building Height
As per the Development Authority
Site Area
Minimum: 1.2ha
68 3357/SS-2024
69 3357/SS-2024
256
Front Yard Setback
Minimum: 15.0m, except 9.0m for Edgar Industrial Drive
Side Yard Setback
Minimum: 4.0m
Rear Yard Setback
Minimum: 3.0m
Landscaped Area
15% of minimum Front Yard required for the Site
Frontage
N/A
257
8.30
Industrial Commercial (Mixed-Use) Zone: I-C
Key Information
8.30.1
This Zone allows for light Industrial, Commercial, and recreational uses that
are compatible and complementary to one another and with any adjacent
non-Industrial use.
8.30.2
This Zone serves as a transition or buffer Zone from Industrial areas.
8.30.3
The Uses within this Zone are intended to not create or emit nuisances.
8.30.4
Permitted Uses
8.30.4.1
Above-Ground Storage Tanks for motor fuel products, not more
than 2 separate 500L tanks
8.30.4.2
Accessory Building
8.30.4.3
Animal Services
8.30.4.4
Business Support Services
8.30.4.5
Commercial School
8.30.4.6
Communication Facility
8.30.4.7
General Contractor Services
8.30.4.8
Industrial Operations
8.30.4.9
Industrial or Commercial Training Facility
8.30.4.10
Lease Bay Building
8.30.4.11
Manufactured Home Sales
8.30.4.12
Oilfield Support Services
8.30.4.13
Outdoor Storage
8.30.4.14
Recycling Depot
8.30.4.15
Restaurant
8.30.4.16
Self-Storage Facility
8.30.4.17
Service Station
8.30.4.18
Supporting Sales
8.30.4.19
Transportation Services
258
8.30.4.20
Warehouse
8.30.5
Discretionary Uses
8.30.5.1
Expansion or intensification of Development legally existing or
legally approved before the passing of this Bylaw.
8.30.5.2
Above Ground Storage Tanks, more than 2 separate 500L tanks
8.30.5.3
Auction Mart, excluding livestock
8.30.5.4
Cannabis Production Facility
8.30.5.5
70Charitable Distribution Centre
8.30.5.6
Crematorium
8.30.5.7
Dangerous Goods Occupancy
8.30.5.8
Data Processing Centre
8.30.5.9
Drive-Through
8.30.5.10
Dynamic Fascia Sign
8.30.5.11
Dynamic Freestanding Sign
8.30.5.12
Greenhouse
8.30.5.13
Indoor Recreation Facility
8.30.5.14
Machinery Sales
8.30.5.15
Microbrewery
8.30.5.16
Motor Vehicle Sales, Service, or Repair
8.30.5.17
Outdoor Display or Sale of Goods
8.30.5.18
Parking Lot
8.30.5.19
Parking Structure
8.30.5.20
Professional Office
8.30.5.21
Security Suite
70 3357/W-2026
259
Regulations
8.30.6
Dimensions
Category
Regulations
Building Height
As per the Development Authority
Site Area
Minimum: 929.0m2
Front Yard Setback
Minimum: 6.0m
Side Yard Setback
Minimum: 4.0m
Rear Yard Setback
Minimum: 3.0m
Landscaped Area
15% of minimum Front Yard required for the Site and any
Side Yard or Rear Yard if adjacent to a Road
Frontage
22.0m
8.30.7
Professional Office is allowed up to 929.0m2 of the Gross Leasable Floor
Area of the Site.
260
Part 9 Other Zones
9.10
Future Urban Development Zone: A-1
Key Information
9.10.1
This Zone allows for agricultural and related uses until the land is required
for urban Development.
9.10.2
Permitted Uses
9.10.2.1
Agriculture
9.10.2.2
71Deleted
9.10.2.3
Greenhouse
9.10.2.4
Home Occupation Minor
9.10.3
Discretionary Uses
9.10.3.1
Accessory Building
9.10.3.2
Bed and Breakfast
9.10.3.3
Extraction from the ground of petroleum, minerals, sand and
gravel, peat moss and topsoil.
9.10.3.4
72Deleted
9.10.3.5
Home Occupation Major
9.10.3.6
House
9.10.3.7
Manufactured Home
9.10.3.8
Waste Management Facility
Regulations
71 3357/C-2026
72 3357/C-2026
9.10.4
A-1 Regulations Table
Category
Regulations
261
9.10.5
The House use is limited to 1 House per Site.
9.10.6
The Manufactured Home use is limited to 1 Manufactured Home per Site.
Floor Area
House minimum: 75.0m2
Building Height
Maximum: 10.0m measured from the average of the Site
Grade
Front Yard
Minimum: 15.0m
Side Yard
Minimum: 7.5m
Rear Yard
Minimum: 7.5m
Landscaped Area
Subject to Development Authority approval
Site Area
Minimum: 1.2ha
Frontage
Subject to Development Authority approval
262
9.20
Environmental Preservation Zone: A-2
Key Information
9.20.1
This Zone protects environmentally sensitive land by restricting
Development to minimal and environmentally compatible uses.
9.20.2
Permitted Uses
9.20.2.1
Open Space
9.20.3
Discretionary Uses
9.20.3.1
Agriculture, excluding the raising of livestock
9.20.3.2
Cemetery
9.20.3.3
Outdoor Recreation Facility, provided the use is compatible with
the natural characteristics of the Site
Regulations
9.20.4
No permanent Building will be erected on any Site in this Zone, unless the
Building is required for an approved use on the Site.
9.20.5
Trees must not be cut, felled, or removed without prior approval of the
Development Authority, issued through a permit.
9.20.6
No aggregate extraction will be allowed.
263
9.30
Parks and Recreation Zone: P-1
Key Information
9.30.1
This Zone provides land for parks and recreation areas and facilities for the
use and enjoyment of the public.
9.30.2
Permitted Uses
9.30.2.1
Open Space
9.30.2.2
Campground
9.30.3
Discretionary Uses
9.30.3.1
Above Ground Storage Tank, for motor fuel products including
propane and used oil
9.30.3.2
Accessory Building
9.30.3.3
73Deleted
9.30.3.4
Cultural Facility
9.30.3.5
Day Care Facility
9.30.3.6
74Deleted
9.30.3.7
Indoor Recreation Facility
9.30.3.8
Off Leash Dog Park
9.30.3.9
Outdoor Recreation Facility
9.30.3.10
Parking Lot or Parking Structure, ancillary to a Permitted Use or
Discretionary Use
9.30.3.11
Public Assembly
Regulations
73 3357/C-2026
74 3357/C-2026
9.30.4
P-1 Regulations Table
Category
Regulations
Front Yard Setback
Minimum: 15.0m
264
9.30.5
The Site Plan, relationship between Buildings, structures and Open Space,
architectural treatment of Buildings, provision and architecture of
landscaped Open Space, and Parking layout will be subject to approval by
the Development Authority.
Side Yard Setback
Minimum: 15.0m from any Road, otherwise 7.5m
Rear Yard Setback
Minimum: 15.0m from any Road, otherwise 7.5m
Landscaped Area
As required by the Development Authority
Loading Spaces
Subject to Development Authority approval
265
9.40
Public Service (Institutional or Government) Zone: PS
Key Information
9.40.1
This Zone provides land for uses that are public and quasi-public in nature.
9.40.2
Permitted Uses
9.40.2.1
Any use for National Defence purposes which does not prejudice
the character or value of surrounding Sites
9.40.2.2
At the Westerner Exposition Site situated upon the following
lands namely Lot 5, Block 1, Plan 882 2274, and Plan 615 L.Z, the
holding of the annual Westerner Exposition Fair or Exhibition
and any use in conjunction with or incidental thereto,
agricultural, animal, machinery, automotive shows, rodeos,
circuses, concerts, racing and sporting events, the rental of
facilities for banquets, weddings, meetings, and events.
9.40.2.3
75Deleted
9.40.2.4
76Deleted
9.40.2.5
Indoor Recreation Facility
9.40.2.6
Outdoor Recreation Facility
9.40.3
Discretionary Uses
9.40.3.1
Accessory Building
9.40.3.2
At the Westerner Exposition Site situated upon the following
lands namely Lot 5, Block 1, Plan 882 2274, and Plan 615 L.Z.:
9.40.3.2.1
Any use similar to the uses permitted at the
Westerner Site
9.40.3.2.2
Any uses which are accessory to any of the approved
uses, provided that they are consistent with the
theme of such use, or provide a directly related
service to such use.
9.40.3.2.3
77Gaming or Gambling Establishment
9.40.3.3
Campground
75 3357/C-2026
76 3357/C-2026
77 3357/II-2024
266
9.40.3.4
78Charitable Distribution Centre
9.40.3.5
Concession booths for the sale of food or beverages to members
and guests of a group approved under this table
9.40.3.6
Cultural Facility
9.40.3.7
Day Care Facility
9.40.3.8
Detention and Correction Services
9.40.3.9
Dynamic Fascia Sign, on Sites over 13.1ha in size
9.40.3.10
Dynamic Freestanding Sign, on Sites over 13.1ha in size
9.40.3.11
79Educational Institution - Primary and Secondary
9.40.3.12
Electronic Message Fascia Sign
9.40.3.13
Electronic Message Freestanding Sign
9.40.3.14
80Deleted
9.40.3.15
Government Services
9.40.3.16
Health and Medical Services
9.40.3.17
Hospital
9.40.3.18
Merchandise Sales and Rentals, excluding Cannabis Retail Sales,
required in connection with a use approved under this table.
9.40.3.19
Public Assembly
9.40.3.20
Secured Facility
9.40.3.21
Supportive Living Accommodation
9.40.3.22
Temporary Care Facility
Regulations
78 3357/W-2026
79 3357/II-2024
80 3357/II-2024
9.40.4
PS Regulations Table
Category
Regulations
267
9.40.5
The Site Plan, relationship between Buildings, structures and Open Space,
architectural treatment of Buildings, provision and architecture of
landscaped Open Space, and Parking layout will be subject to Development
Authority's approval.
Floor Area
Supportive Living Accommodation minimum: 23.0m2 per
unit
Front Yard Setback
Subject to Development Authority approval
Side Yard Setback
Subject to Development Authority approval
Rear Yard Setback
Subject to Development Authority approval
Landscaped Area
Subject to Development Authority approval
Loading Spaces
Subject to Development Authority approval
268
9.50
Post-Secondary Institution Zone: PS-I
Key Information
9.50.1
This Zone provides for the Development of post-secondary education uses,
related public and quasi-public uses, and support services that demonstrate
significant training and applied learning connection to 1 or more academic
programs.
9.50.2
Commercial uses in this Zone are intended to primarily serve and support
the campus community.
9.50.3
Permitted Uses
9.50.3.1
Accessory Building
9.50.3.2
Educational Institution - Post Secondary
9.50.4
Permitted Uses within an Educational Institution - Post
Secondary Building, Otherwise Discretionary Uses
9.50.4.1
Apartment, for student housing only
9.50.4.2
Commercial Entertainment Facility
9.50.4.3
Commercial Service Facility
9.50.4.4
Day Care Facility
9.50.4.5
Health and Medical Services
9.50.4.6
Merchandise Sales and Rentals
9.50.4.7
Mixed-Use Building, with Dwelling Units for student housing
only
9.50.4.8
Indoor Recreation Facility
9.50.4.9
Restaurant
9.50.4.10
Service Organization
9.50.4.11
Townhouse, for student housing only
9.50.5
Discretionary Uses
9.50.5.1
Alternate or Renewable Energy Facility
9.50.5.2
Cultural Facility
269
9.50.5.3
Drinking Establishment (Adult Entertainment Prohibited) located
in an Educational Institution - Post-Secondary Building
9.50.5.4
Dynamic Fascia Sign
9.50.5.5
Dynamic Freestanding Sign
9.50.5.6
Electronic Message Fascia Sign
9.50.5.7
Electronic Message Freestanding Sign
9.50.5.8
Government Services
9.50.5.9
Outdoor Recreation Facility
9.50.5.10
Parking Lot
9.50.5.11
Parking Structure
9.50.5.12
Public Assembly
9.50.5.13
Secured Facility
9.50.5.14
Supportive Living Accommodation
9.50.5.15
Temporary Care Facility
9.50.6
All regulations, Site Plan, Site accesses, the relationship between Buildings,
structures and Open Space, architectural treatment of any Building,
provision and architecture of Landscaped Areas, and Parking layout, will be
subject to approval by the Development Authority.
9.50.7
The following maximum total floor areas apply to the following uses:
Use
Maximum Total Floor Area
Commercial Service Facility
929.0m²
Day Care Facility
929.0m²
Health and Medical Services
1,858.0m²
Health and Medical Services that have a
programmatic link to an Educational
Institution - Post-Secondary
Additional 5,110.0m² to the 1,858.0m² for Health
and Medical Services
Indoor Recreation Facility
46,452.0m2
Merchandise Sales and Rentals
(excluding Cannabis Retail Sales)
9,290.0m²
270
Regulations
9.50.9
The principles of Crime Prevention Through Environmental Design will be
applied to all Developments.
9.50.10
Building Design
9.50.10.1
Building elevations fronting onto Roads should have a strong
presence and an inviting interface with Sidewalks and Walkways.
9.50.10.2
Buildings fronting internal streets should have an inviting interface
and be positioned close to internal streets and Walkways unless
additional space is required for such things as an art display, water
feature, or other amenity.
9.50.10.3
Ground floor elevations facing an internal street should contain
transparent glass windows that allow visibility of activity from the
street into the Building.
9.50.10.4
Building walls facing Roads or internal streets should be articulated
at approximately 6.0m - 8.0m intervals containing varied design
elements such as entrances, windows, vertical accents, Setbacks,
canopies, Projections, and roof lines.
Restaurant
4,645.0m²
Service Organization
4,645.0m²
Commercial Entertainment Facility
7,432.0m²
9.50.8
PS-I Regulations Table
Category
Regulations
Floor Area
Unless noted in subsection 9.50.7, as determined
by the Development Authority
Site Coverage
As determined by the Development Authority
Building Height
As determined by the Development Authority
Setback from 32 Street
Minimum: 9.0m
Setback from Taylor Drive
Minimum: 9.0m
Setback from QEII Highway right of way
Minimum: 40.0m
271
9.50.10.5
At minimum, overhead weather protection should be provided for
pedestrians along Building fronts at each major Building entrance.
9.50.10.6
Developments should create variety, character, and visual interest
by incorporating a variety of Building and architectural styles.
9.50.11
Green Technology
9.50.11.1
Developments are encouraged to be designed with green
technologies and materials that reduce energy, waste, and
conserve water such as, green roofs, solar energy systems, and
Zone energy.
9.50.12
Parking and Pedestrian Linkages
9.50.12.1
All Parking areas containing more than 200 Parking spaces should
be configured into smaller cells by use of interior landscaping,
drive lanes, and Walkways.
9.50.12.2
Walkways for Parking areas containing more than 200 Parking
spaces should be a minimum of 1.2m in width and should be
oriented to ensure safe and efficient pedestrian traffic flow.
9.50.12.3
Opportunities for Walkway linkages with Adjacent Sites should be
provided.
9.50.13
Landscaping
9.50.13.1
High quality hard and soft landscaping elements should be
provided including trees and shrubs that add value throughout all
seasons.
9.50.14
Traffic
9.50.14.1
At the discretion of the Development Authority, Developments
may be required to include Traffic Impact Assessment studies.
272
9.60
Public Service Residential Zone: PS-R
Key Information
9.60.1
This Zone provides for the Development of a Cultural Facility and
Residential uses on Lot 4, Block 8, Plan 892 2959 in a manner that is
compatible with Adjacent uses and natural areas.
9.60.2
Permitted Uses
9.60.2.1
Accessory Building
9.60.2.2
Cultural Facility
9.60.2.3
Day Care Facility, accessory to a Cultural Facility or a Building
containing Dwelling Units
9.60.2.4
Home Occupation Minor
9.60.2.5
No more than 40 Dwelling Units in total comprised of 1 or more
of the following:
9.60.2.5.1
Apartment;
9.60.2.5.2
Dwelling Units within a Building containing a Cultural
Facility;
9.60.2.5.3
Townhouse.
9.60.2.6
Professional Offices accessory to a Cultural Facility or a Building
containing Dwelling Units
9.60.3
Discretionary Uses
9.60.3.1
Home Occupation Major
9.60.3.2
Open Space
9.60.3.3
Professional Offices for community-oriented groups, non-
ancillary to a Cultural Facility or a Building containing Dwelling
Units
273
Regulations
9.60.5
In the PS-R Zone the Site Plan, the relationship between Buildings, the
provision and the architecture of landscaped Open Space, and the Parking
layout, will be subject to approval by the Development Authority.
9.60.6
The Development of Townhouse and Apartments will be regulated by the
R-H Residential High-Density Zone development regulations.
9.60.7
All useable floor areas must be a minimum of 0.6m above the 1:100 flood
elevation.
9.60.4
PS-R Regulations Table
Category
Regulations
Lot Area
Minimum: 1.4 hectares
Building Footprint for Cultural Facility
Maximum: 930.0m2
Building Height for Cultural Facility
Maximum 4.0 storeys
Front Yard
Minimum: 4.0m
Side Yard
Minimum: 1.5m or as required by the Alberta
Building Code, whichever is greater
Rear Yard
Minimum: 1.5m or as required by the Alberta
Building Code, whichever is greater
Landscaped Area
Subject to section 3.130
274
Part 10 81Capstone Zones and Regulations
10.10
Interpretation
10.10.1
Capstone Zones and Regulations are specific to the Capstone area
Boundary, identified in the figures of Part 10, and are not applicable to
Developments outside of the Capstone area.
10.10.2
Part 10 contains uses and regulations key to facilitate the Development of
Capstone into a community with vibrant Streets, safe and activated public
spaces, and great Building design. The Capstone Zones and regulations
form part of an overall Development plan for the Capstone Area.
10.10.3
Where other regulations contradict or will not serve to achieve the uses or
regulations in Part 10, the uses and regulations in Part 10 will prevail.
10.10.4
Area activation was designed in Part 10 by carefully identifying Edge Zones,
Commercial uses and public spaces.
10.20
General Regulations for Capstone Zones
10.20.1
Development Authority
10.20.1.1
In exercising its approval powers, the Development Authority must
ensure that Development conforms to the general intent of the
2016 Capstone Area Redevelopment Plan.
10.20.1.2
All regulations, Site Plan, Site access, the relationship between
Buildings, structures and Amenity Space and Edge Zones, the
architectural treatment of any Building, the provision and
architecture of Landscaped Areas, and the Parking layout will be
subject to approval by the Development Authority.
10.20.2
Building Setback for Capstone Zones
10.20.2.1
A Setback is determined by the Edge Zone as shown in Figure
10.20-1 and subsection 10.20.3. Where Edge Zones are not
applicable, a Setback will be determined by the Development
Authority.
81 Bylaw 3357/E-2026
275
10.20.2.2
Where Edge Zones are applied, the Building must Abut the Edge
Zone. Buildings must not be set back farther than the maximum
Edge Zone.
10.20.3
Edge Zone Regulations for Capstone Zones
10.20.3.1
Edge Zone regulations apply to new Buildings.
10.20.3.2
Compliance with Edge Zones for Capstone Existing Building and
surface Parking uses is optional, but encouraged, to contribute to
the vision of Capstone and improve the public realm.
10.20.3.3
Despite subsection 10.20.3.2, Edge Zone regulations apply to any
redevelopment on the front of the Main Floor of a Capstone
Existing Building.
10.20.3.4
Compliance with Edge Zone regulations is encouraged for an
application to develop additional storeys.
10.20.3.5
Compliance with Edge Zone regulations is not required for
redevelopment that results in additions built in a Rear Yard or a
Side Yard Abutting another Site.
10.20.3.6
Where Edge Zones apply, the applicable Edge Zone Setback and
Edge Zone regulations apply along the entire Building Façade
abutting the Edge Zone.
10.20.3.7
Where a Site Abuts 3 or more Roads, the Development Authority
must ensure the regulations for Edge Zones are met on at least 2
of the Abutting sides, where:
10.20.3.7.1
in assessing which sides of multi-face Sites should be
required to comply, the Development Authority must
take into consideration continuation of existing
developed Roads or Edge Zones and must prioritize
Edge Zone application in the following order of highest
to lowest priority: Wide Edge Zone; then Narrow Edge
Zone.
10.20.3.8
Fencing of the Edge Zone, or any part of the Edge Zone, is subject
to the general fencing regulations of this Bylaw.
276
Figure 10.20-1: Capstone Edge Zones
277
10.20.4
Commercial Edge Zones for Capstone Zones
10.20.4.1
Commercial Edge Zones are applied
where the Main Floor Abutting a Road
contains, or will contain, Commercial
uses.
10.20.4.2
Commercial Edge Zones must provide
at least 2 of the following as
permanent features, in addition to
any required bicycle racks:
10.20.4.2.1
art installation such as
mosaics, murals, or
sculptures;
10.20.4.2.2
product display directly
associated with the
Abutting Commercial use
on the same Site;
10.20.4.2.3
seating;
10.20.4.2.4
water feature;
10.20.4.2.5
wooden Decks, decorative
paving, or decorative
concrete; or
10.20.4.2.6
other similar pedestrian-oriented features that facilitate
spill-out functions of the Commercial uses that add life
to the Road at the discretion of the Development
Authority.
10.20.5
Residential Edge Zones for Capstone Zones
10.20.5.1
Residential Edge Zones are applied where the Abutting Main Floor
contains, or will contain, Residential uses.
10.20.5.2
All Residential Main Floor Dwelling Units facing the Road must
incorporate the Edge Zone Abutting that Road as private space.
The Dwelling Units may use landscaping features or materials to
provide privacy as well as to demarcate private and public space.
Examples of Commercial
Edge Zones
278
10.20.5.3
Residential Edge Zones must provide
at least 2 of the following as
permanent features, in addition to any
required bicycle racks:
10.20.5.3.1
art installations such as
mosaics, murals, and
sculptures;
10.20.5.3.2
garden;
10.20.5.3.3
play structures;
10.20.5.3.4
seating;
10.20.5.3.5
water feature;
10.20.5.3.6
wooden Decks, decorative
paving, or decorative
concrete; or
10.20.5.3.7
other features that provide
a privacy threshold and
outdoor space for
Residential activities to
occur, at the discretion of
the Development
Authority.
10.20.6
Building Heights for Capstone Zones
10.20.6.1
Building Heights may be varied by the Municipal Planning
Commission.
10.20.6.2
Building Heights for all Developments in Part 10, excluding
Accessory Buildings, must comply with Building Heights.
10.20.6.3
Accessory Buildings for Capstone Zones must comply with the
Accessory Building regulations of this Bylaw.
Examples of Residential
Edge Zones
279
Figure 10.20-2 Capstone Building Heights
280
10.20.7
Site Coverage for Capstone Zones
10.20.7.1
Minimum Site Coverage must be 40% of the total Site for all
Developments in the Capstone Zones.
10.20.8
Dwelling Units for Capstone Zones
10.20.8.1
A minimum of 3 Dwelling Units must be provided in each Principal
Building in the Capstone Primarily Residential Zone (CAP-PR).
10.20.8.2
Dwelling Units may be provided in Principal Buildings in the
Capstone Taylor Drive Zone (CAP-TD).
10.20.9
Building Design for Capstone Zones
10.20.9.1
Buildings must define the Road, must horizontally and vertically
Abut the Edge Zones and must create visual spatial components to
create a comfortable Road environment which contributes to
walkability.
10.20.9.2
Buildings on Corner Sites must have equal architectural corner
features and high-quality elevation treatments along each Road or
public space.
10.20.9.3
Building entrances must be designed and architecturally treated to
emphasize the Building entrances.
10.20.9.4
Residential and Commercial entrances are encouraged to be
architecturally differentiated to avoid confusion.
10.20.9.5
Commercial uses on the Main Floor must have convenient
entrances and transparent fronts with un-tinted glass windows.
10.20.9.6
Dwelling Units with any part of the unit located at the Main Floor
must have individual, separate, and direct access to the Edge Zone,
Walkway or Sidewalk.
10.20.9.7
More than 1 type of high-quality Building material such as brick,
stone, concrete, hardy board, and cement stucco must be used in a
variety of combinations for ornamentation and articulation.
10.20.9.8
Building elevations Abutting an Edge Zone must be visually
articulated at a minimum of every 6.0m to a maximum of every
8.0m intervals containing varied design elements such as
entrances, windows, vertical accents, variation of colour and
Building materials, canopies, Signs, Projections, and roof lines.
281
10.20.9.9
Blank walls over 5.0m in length must be mitigated where, in the
Development Authority's opinion the blank wall is unavoidable,
through a combination of the following treatments:
10.20.9.9.1
art installations such as mosaics, Murals, decorative
masonry patterns, and sculptures;
10.20.9.9.2
Building lighting;
10.20.9.9.3
different textures, colours, and materials;
10.20.9.9.4
setting the wall back to provide room for landscaping or
raised planter bed;
10.20.9.9.5
vertical trellis; or
10.20.9.9.6
other treatments that break up the expansive blank
wall, at the discretion of the Development Authority.
10.20.9.10
Mechanical and operational elements such as air conditioning
units, electrical equipment, service areas, and waste receptacles
must be Screened.
10.20.9.11
Buildings are encouraged to have a minimum Main Floor height of
3.5m, measured from the interior floor to the underside of the
floor above along the entire Main Floor.
10.20.10
Pedestrian Connections for Capstone Zones
10.20.10.1
Every Use contained in a Building that has an exterior public
entrance must have a Walkway connecting the public entrance to a
Sidewalk.
10.20.10.2
Opportunities for pedestrian linkages with Abutting properties
must be provided.
10.20.11
General Parking Regulations for Capstone Zones
10.20.11.1
Parking regulations of this Bylaw may only be varied by the
Development Authority where it may be demonstrated in writing,
through a Parking study in the Capstone Boundary, by the
applicant, and to the Development Authority's satisfaction, the
following:
10.20.11.1.1
availability and number of off-Site Parking stalls in the
Capstone Boundary and 500.0m of the subject Site, and
identification of any use restrictions, including but not
limited to hours of operation, whether or not it is pay
282
Parking and if so, the duration of the paid Parking
component, if metered Parking the allowable length of
stay, and whether it is dedicated Parking for a specified
duration;
10.20.11.1.2
availability of monthly Parking stalls in the Capstone
Boundary and 500.0m of the subject Site;
10.20.11.1.3
availability of transit service and the distance the
proposed Development is to bus stops;
10.20.11.1.4
availability of active transportation options, including
but not limited to whether the proposed Development
will provide Bicycle Storage, the proximity to Sidewalks
and trails, and any additional facilities the applicant is
proposing to encourage active transportation; and
10.20.11.1.5
the public and Commercial amenities in the Capstone
Boundary and 500.0m of the subject Site.
10.20.12
Parking Layout Regulations for Capstone Zones
10.20.12.1
Temporary surface Parking will be considered for a maximum of 2
years and may be extended for a maximum of 1 additional year
following a review by the Development Authority, with the
exception of the remnant part of Lot 1 Block 3 Plan 802 0453 and
Lot 8A Block 7 Plan 3824 TR that will be located south of the 47
Street (Alexander Way) Street realignment where a temporary
surface Parking may be considered for a minimum of 10 years from
the passing of Bylaw 3357/Q-2016 on December 5, 2016.
10.20.12.2
Walkway connections are required to connect all Adjacent
Buildings, trails, Walkways, Roads and Sidewalks.
10.20.12.3
Underground Parking is encouraged.
10.20.12.4
Where underground Parking is provided, Parking entrances must
be provided at the rear of the Building or off a lane. The sizes of
Parking openings are encouraged to be no wider than 7.0m.
10.20.12.5
Surface Parking access may not exceed a maximum width of 7.0m.
10.20.12.6
Fencing height must be a minimum of 0.6m to a maximum of 0.9m
in height measured from Grade.
10.20.12.7
Where fence material is chain link, it must be painted black.
283
10.20.12.8
Surface Parking must not be greater than 40% of the Frontage.
10.20.13
Parking Structures for Capstone Zones
10.20.13.1
Temporary surface Parking will be considered:
10.20.13.1.1
for a maximum of 2 years and may be extended for a
maximum of 1 additional year by the Development
Authority;
10.20.13.1.2
for a maximum of 10 years if paved and landscaped,
and may be extended for a maximum of 5 additional
years following a review by the Development Authority;
and
10.20.13.1.3
for a minimum of 10 years from the passing of Bylaw
3357/Q-2016 on December 5, 2016, for the remnant
part of Lot 1 Block 3 Plan 802 0453 and Lot 8A Block 7
Plan 3824 TR that will be located south of the 47 Street
(Alexander Way) Street realignment.
10.20.13.2
Parking Structures on Corner Sites must have equal architectural
corner features and high-quality elevation treatments along each
Road or public space, where:
10.20.13.2.1
Parking is prohibited in the Edge Zone of all Sites;
10.20.13.2.2
Parking integrated into the Building design is
encouraged;
10.20.13.2.3
internal private laneways are encouraged as part of the
Parking design to allow for servicing, access to Parking,
as well as provide key pedestrian linkages.
10.20.13.3
Parking Structure entrances must be well lit, well designed, and
architecturally differentiated to clearly emphasize the entrances
for vehicles and the entrances for pedestrians.
10.20.13.4
Main Floors of Parking Structures must have a low wall, a
minimum of 0.6m to a maximum of 0.9m in height measured from
Grade, Abutting all Main Floor Parking stalls.
10.20.13.5
The low wall and the façade of the Parking Structure must not
contain blank walls over 2.0m in length.
10.20.13.6
The low wall must provide visual interest by way of integrating at
least 1 of the following as permanent features:
284
10.20.13.6.1
art installations such as mosaics, Murals, and decorative
masonry patterns;
10.20.13.6.2
different textures, colours, and materials;
10.20.13.6.3
lighting;
10.20.13.6.4
vertical trellis; or
10.20.13.6.5
other feature to provide visual interest, at the
discretion of the Development Authority.
10.20.13.7
Parking Structure Façade exterior materials must integrate colour,
or use a perforated metal with an image, and Building lighting.
10.20.13.8
Where the Parking Structure contains blank walls over 5.0m in
length, it must be mitigated where they are unavoidable in the
Development Authority's opinion, through a combination of the
following treatments:
10.20.13.8.1
art installations (for example, mosaics, Murals,
decorative masonry patterns, sculptures);
10.20.13.8.2
Building lighting;
10.20.13.8.3
different textures, colours, and materials;
10.20.13.8.4
setting the wall back to provide room for landscaping or
raised planter beds;
10.20.13.8.5
vertical trellis; or
10.20.13.8.6
other treatments that break up the expansive blank
wall, at the discretion of the Development Authority.
10.20.13.9
Parking Structure stairwells must be provided along the exterior of
the Parking Structure, must be visually transparent from the Road
or public space, and must provide weather protection to the
satisfaction of the Development Authority.
10.20.13.10 Fully enclosed internal Parking Structure stairwells are prohibited
unless transparent materials are used.
10.20.13.11 Parking Structure interiors must be well lit and are encouraged to
be painted white to maximize visibility.
10.20.13.12 Parking Structure interiors must provide clearly marked Walkways
that link up to Sidewalks.
285
10.20.13.13 Parapet Walls must be integrated into the overall Parking Structure
façade. Where this is not possible, Parapet Walls must
complement the Façade's exterior material, colour, and
appearance.
10.20.14
Bicycle Facilities for Capstone Zones
10.20.14.1
Secure outdoor bicycle racks that allow the bicycle frame to be
locked directly to the rack must be provided in the Edge Zone of
each Building.
10.20.14.2
In addition to the secure outdoor bicycle racks required in
subsection 10.20.14.1, all Buildings containing 3 or more Dwelling
Units must provide Bicycle Storage. The bicycle racks required in
subsection 10.20.14.1 do not count towards this Bicycle Storage
requirement.
10.20.15
Waste and Recycling Containers for Capstone Zones
10.20.15.1
Recycling containers must be provided for every Building
containing Dwelling Units, office, and other Commercial uses.
10.20.15.2
All waste and recycling containers must be fully Screened with a
solid fence, landscaping, or a combination of both.
10.20.15.3
All waste and recycling containers must be constructed of
waterproof materials or finishes and should be coordinated with
the look and finish of the Building on the Site.
10.20.15.4
Composting facilities are encouraged for all Buildings containing
Dwelling Units and Commercial uses.
10.20.15.5
Sufficient space must be allotted aside from Parking requirements
to provide appropriate waste and recycling collection vehicle
access.
10.20.16
Landscaping for Capstone Zones
10.20.16.1
Landscaping must be a minimum of 20% of the total Site Area for
all Developments in the Capstone Zones. The 20% landscaping
requirement is calculated by accounting for all space that is
occupied or used (or will be occupied and used), for example:
10.20.16.1.1
existing trees and shrubs on the Site whose health may
be successfully maintained through construction;
286
10.20.16.1.2
trees, shrubs, sod, and raised planters. Planters must be
of adequate design in terms of soil capacity and
insulation to promote healthy plant growth;
10.20.16.1.3
Vertical Greening on façades, or vertical gardens. In this
instance, the area of Vertical Greening must be
calculated using the dimensions of the base containing
the roots;
10.20.16.1.4
landscaping in an Edge Zone, Courtyard, or Roof
Terrace;
10.20.16.1.5
50% of softscape materials must be native, drought
tolerant, or of low-maintenance.
10.20.16.2
Any part of the Site used for motor vehicle access, vehicle Parking
and waste or recycling containers must not be included in the
calculation of a Landscaped Area.
10.20.16.3
The Edge Zone must contain landscaping in accordance with
subsection 10.20.16.
10.20.16.4
All plant material provided must be of a species capable of healthy
growth in Red Deer. Incorporation of naturescaping is required.
10.20.16.4.1
Applicants must use The City's naturescaping plant list
as a guide.
10.20.16.5
Existing trees that are healthy and that have long-term viability are
to be preserved by rigid temporary protective fencing to protect
the root zone during construction, in accordance with the Contract
Specifications.
10.20.16.6
Crime Prevention Through Environmental Design principles are
encouraged to be considered in the treatment of all landscaping
and Edge Zone design.
10.20.17
Lighting for Capstone Zones
10.20.17.1
All exterior and outdoor lighting must be located and arranged to:
10.20.17.1.1
prevent direct rays of light directed towards any
adjoining properties; and
10.20.17.1.2
ensure direct and indirect rays of light do not interfere
with the effectiveness of any traffic control devices.
10.20.17.2
Building lighting:
287
10.20.17.2.1
must be integrated into the overall Building design on
all Building elevations Adjacent to a Road or public
space; and
10.20.17.2.2
is encouraged to be integrated into all other elevations;
and
10.20.17.2.3
is encouraged to use colour in both the lighting fixture
and lighting itself.
10.20.17.3
Entrance Lighting:
10.20.17.3.1
must be provided above or beside primary and
secondary Building entrances;
10.20.17.3.2
where provided beside the Principal Building entrance,
the fixture must be positioned to be ⅓ of the height of
the door if there is only 1 fixture, and ¼ of the height of
door where there are 2 fixtures (1 on each side of the
door).
10.20.17.4
Amenity Space and Edge Zone lighting:
10.20.17.4.1
is encouraged in Edge Zones to integrate pedestrian
lighting that is no taller than the Main Floor height;
10.20.17.4.2
is encouraged to include trail Lighting at or close to
Grade along Walkways; and
10.20.17.4.3
is encouraged to use colour in both the lighting fixture
and lighting itself.
10.20.18
Signs for Capstone Zones
10.20.18.1
In addition to the Sign Regulations of Part 5, the following
locational criteria apply to Signs in the Capstone Zones:
10.20.18.1.1
Signs may be in the Edge Zone, on a Building, in a Side
Yard Abutting a Road or public space, or in the Rear
Yard.
288
10.30 Capstone Taylor Drive Zone: CAP-TD
Key Information
10.30.1
The Capstone Taylor Drive Zone functions primarily as an office or
Commercial transition area between the historic downtown, the Red Deer
Regional Hospital, and the Residential area in Capstone. Due to the
proximity of this Zone to the historic downtown and the Red Deer Regional
Hospital, the emphasis of this Zone is on office and Commercial uses, with a
mix of Residential Dwelling Units. Office or Commercial uses must be a
component of any Principal Building in the Capstone Taylor Drive Zone.
10.30.2
Permitted Uses
10.30.2.1
Accessory Building
10.30.2.2
Building Sign
10.30.2.3
Capstone Existing Building
10.30.2.4
Communication Facility
10.30.2.5
Commercial Service Facility
10.30.2.6
Cultural Facility
10.30.2.7
Freestanding Sign
10.30.2.8
Health and Medical Services
10.30.2.9
Home Occupation Minor
10.30.2.10
Hostel
10.30.2.11
Hotel
10.30.2.12
Information Service Provider
10.30.2.13
Merchandise Sales and Rentals
10.30.2.14
Mixed-Use Building
10.30.2.15
Open Space
10.30.2.16
Professional Office
10.30.2.17
Restaurant
10.30.2.18
Show Home
289
10.30.2.19
Specialty Food Services
10.30.3
Discretionary Uses
10.30.3.1
Any expansion or intensification of Capstone Existing Building
10.30.3.2
Commercial Entertainment Facility
10.30.3.3
Commercial School
10.30.3.4
Dangerous Goods Occupancy, except where the Building
contains a Dwelling Unit
10.30.3.5
Day Care Facility
10.30.3.6
Drinking Establishment (Adult Entertainment prohibited)
10.30.3.7
Dynamic Fascia Sign, on Sites described in the Downtown Sign
Overlay
10.30.3.8
Dynamic Freestanding Sign, on Sites described in the Downtown
Sign Overlay
10.30.3.9
Gaming or Gambling Establishment
10.30.3.10
Government Services
10.30.3.11
Home Occupation Major
10.30.3.12
Hospital
10.30.3.13
Indoor Recreation Facility
10.30.3.14
Liquor, Beer, and Wine Sales
10.30.3.15
Microbrewery
10.30.3.16
Outdoor Display or Sale of Goods
10.30.3.17
Parking Structure
10.30.3.18
Public Assembly
10.30.3.19
Secured Facility
10.30.3.20
Supportive Living Accommodation
10.30.3.21
Temporary Use
10.30.4
Prohibited Uses
10.30.4.1
Drive-Through
290
Regulations
10.30.5
Building Setbacks
10.30.5.1
Setbacks where Edge Zones are applicable are established in
subsection 10.30.6.
10.30.5.2
All other Setbacks are established in subsection 10.20.2 Building
Setbacks for Capstone Zones.
10.30.6
Edge Zones
10.30.6.1
The following Edge Zone setback minimums and maximums must
be applied to new Buildings in the Capstone Taylor Drive Zone, in
accordance with Figure 10.20-1.
Edge Zone
Minimum
Maximum
Narrow Edge Zone
1.5m
2.5m
Wide Edge Zone
3.0m
5.0m
10.30.6.2
Edge Zone regulations are split into 2 categories - Commercial Edge
Zones and Residential Edge Zones, where:
10.30.6.2.1
Commercial Edge Zones must be applied where the
Abutting Main Floor contains (or will contain)
Commercial uses.
10.30.6.2.2
Residential Edge Zones must be applied where the
Abutting Main Floor contains (or will contain)
Residential uses.
291
10.40 Capstone Primarily Residential Zone: CAP-PR
Key Information
10.40.1
The Capstone Primarily Residential Zone is to allow a mix of Residential
housing types, with Commercial uses compatible with the primarily
Residential function of this Zone. Residential Dwelling Units must be a
component of any Principal Building in the Capstone Primarily Residential
Zone.
10.40.2
Permitted Uses
10.40.2.1
Accessory Building
10.40.2.2
Apartment
10.40.2.3
Business Incubator
10.40.2.4
Capstone Existing Building
10.40.2.5
Commercial Service Facility (excluding financial or insurance
services outlet, animal veterinary clinic, or dog grooming salon)
10.40.2.6
Cultural Facility
10.40.2.7
Day Care Facility
10.40.2.8
Health and Medical Services on 5589 - 47 Street (Condominium
Plan 1522369)
10.40.2.9
Home Occupation Minor
10.40.2.10
Information Service Provider
10.40.2.11
Merchandise Sales and Rentals
10.40.2.12
Mixed-Use Building with the following uses on Main Floor:
10.40.2.12.1
Commercial Service Facility
10.40.2.12.2
Cultural Facility
10.40.2.12.3
Health and Medical Services
10.40.2.12.4
Information Service Provider
10.40.2.12.5
Merchandise Sales and Rentals
292
10.40.2.12.6
Professional Office
10.40.2.13
Open Space
10.40.2.14
Show Home
10.40.2.15
Specialty Food Services
10.40.3
Discretionary Uses
10.40.3.1
Any expansion or intensification of Capstone Existing Building
10.40.3.2
Building Sign
10.40.3.3
Commercial Entertainment Facility on 5589-47 Street
(Condominium Plan 1522369)
10.40.3.4
Commercial Recreational Facility on 5589-47 Street
(Condominium Plan 1522369)
10.40.3.5
Commercial School
10.40.3.6
Commercial Service Facility (excluding financial or institutional
services outlet)
10.40.3.7
Dangerous Goods Occupancy on a Site without a Dwelling Unit
10.40.3.8
Drinking Establishment (Adult Entertainment prohibited)
10.40.3.9
Freestanding Sign
10.40.3.10
Home Occupation Major
10.40.3.11
Liquor, Beer, and Wine Sales
10.40.3.12
Microbrewery
10.40.3.13
Mixed-Use Building with the following uses on Main Floor:
10.40.3.13.1
Commercial Entertainment Facility
10.40.3.13.2
Indoor Recreation Facility
10.40.3.13.3
Restaurant
10.40.3.13.4
Specialty Food Services
10.40.3.14
Outdoor Display or Sale of Goods
10.40.3.15
Parking Lot (Temporary)
10.40.3.16
Professional Office on 5589-47 Street (Condominium Plan
1522369)
10.40.3.17
Public Assembly
293
10.40.3.18
Restaurant
10.40.3.19
Supportive Living Accommodation
10.40.3.20
Temporary Use
10.40.3.21
Townhouse
10.40.4
Prohibited Uses
10.40.4.1
Drive-Through
Regulations
10.40.5
Any Development Permit application for a Principal Building on 5581 - 45
Street (Lot 2 Block 1 Plan 762 1616) must be circulated to landowners
between 85 Welton Crescent and 138 Welton Crescent for comment.
10.40.6
Building Setbacks
10.40.6.1
Setbacks where Edge Zones are applicable are established in
subsection 10.40.7.
10.40.6.2
All other Setbacks are established in subsection 10.20.2 Building
Setbacks for Capstone Zones.
10.40.7
Edge Zones
10.40.7.1
The following Edge Zone setback minimums and maximums must
be applied to new Buildings in the Capstone Primarily Residential
Zone, in accordance with Figure 10.20-1.
Edge Zone
Minimum
Maximum
Narrow Edge Zone
1.5m
2.5m
Wide Edge Zone
3.0m
5.0m
10.40.7.2
Edge Zone regulations are split into 2 categories - Commercial Edge
Zones and Residential Edge Zones, where:
10.40.7.2.1
Commercial Edge Zones must be applied where the
Abutting Main Floor contains (or will contain)
Commercial uses.
10.40.7.2.2
Residential Edge Zones must be applied where the
Abutting Main Floor contains (or will contain)
Residential uses.
10.40.8
Mixed-use Building Regulations
294
10.40.8.1
The following regulations apply unless varied by the Municipal
Planning Commission:
10.40.8.1.1
each Building must have a minimum of 3 Residential
units;
10.40.8.1.2
Commercial and Residential must have individual Road
level access that is not shared;
10.40.8.1.3
the Building must not have a front attached Garage.
295
10.50 Capstone Commercial Zone: CAP-C
Key Information
10.50.1
The Capstone Commercial Zone functions primarily as a Commercial and
office area with limited Residential to reflect the existing Commercial and
office uses occurring in Cronquist Business Park.
10.50.2
Permitted Uses
10.50.2.1
Accessory Building
10.50.2.2
Building Sign
10.50.2.3
Business Incubator
10.50.2.4
Capstone Existing Building
10.50.2.5
Commercial Entertainment Facility
10.50.2.6
Commercial School
10.50.2.7
Commercial Service Facility
10.50.2.8
Communication Facility
10.50.2.9
Cultural Facility
10.50.2.10
Day Care Facility
10.50.2.11
Freestanding Sign
10.50.2.12
Health and Medical Services
10.50.2.13
Hostel
10.50.2.14
Hotel
10.50.2.15
Indoor Recreation Facility
10.50.2.16
Information Service Provider
10.50.2.17
Merchandise Sales and Rentals
10.50.2.18
Microbrewery
10.50.2.19
Open Space
10.50.2.20
Professional Office
10.50.2.21
Restaurant
296
10.50.2.22
Specialty Food Services
10.50.3
Discretionary Uses
10.50.3.1
Any expansion or intensification of Capstone Existing Building
10.50.3.2
Dangerous Goods Occupancy except where a Building contains a
Dwelling Unit
10.50.3.3
Drinking Establishment (Adult Entertainment prohibited)
10.50.3.4
Dwelling Units above ground floor
10.50.3.5
Gaming or Gambling Establishment
10.50.3.6
Government Services
10.50.3.7
Hospital
10.50.3.8
Liquor, Beer, and Wine Sales
10.50.3.9
Outdoor Display or Sale of Goods
10.50.3.10
Parking Structure
10.50.3.11
Public Assembly
10.50.3.12
Seasonal Sales Area
10.50.3.13
Secured Facility
10.50.3.14
Surface Parking Lot (Temporary)
10.50.3.15
Surface Parking Lot (Temporary) for a minimum of 10 years,
from the passing of Bylaw 3357/Q-2016 on December 5, 2016,
on the remnant part of Lot 1 Block 3 Plan 802 0453 and Lot 8A
Block 7 Plan 3824 TR that will be located south of the 47 Street
(Alexander Way) Street realignment.
10.50.3.16
Temporary Use
10.50.4
Prohibited Uses
10.50.4.1
Drive-Through
Regulations
10.50.5
Building Setbacks
10.50.5.1
Setbacks where Edge Zones are applicable are established in
subsection 10.50.6.
297
10.50.5.2
All other Setbacks are established in subsection 10.20.2 Building
Setbacks for Capstone Zones.
10.50.6
Edge Zones
10.50.6.1
The following Edge Zone setback minimums and maximums apply
to new Buildings in the Capstone Commercial Zone, in accordance
with Figure 10.20-1.
Edge Zone
Minimum
Maximum
Narrow Edge Zone
1.5m
2.5m
Wide Edge Zone
3.0m
5.0m
10.50.6.2
Edge Zone regulations for all uses in this Zone are the Commercial
Edge Zone regulations.
298
Part 11 Direct Control Zones
11.10 Direct Control Zone No. 1: DC(1)
Key Information
11.10.1
This Zone is to provide a mix of Commercial and Residential uses along
Bremner Avenue on large Sites, and incorporate increased Front Yard
Setbacks, landscaping, and restrict Parking to the Rear Yard or Side Yard.
11.10.2
The boundaries of DC(1) are outlined in Map M12.
11.10.3
Permitted Uses
11.10.3.1
Accessory Use
11.10.3.2
Accessory Building
11.10.3.3
Building sign
11.10.3.4
Communication Facility
11.10.3.5
Cultural Facility
11.10.3.6
Detention and Correction Services
11.10.3.7
Educational Institution - Primary and Secondary
11.10.3.8
Educational Institution - Post Secondary
11.10.3.9
Emergency Services
11.10.3.10
Freestanding Sign
11.10.3.11
Government Services
11.10.3.12
Hospital
11.10.3.13
Indoor recreation facility
11.10.3.14
Merchandise Sales and Rentals (indoor only)
11.10.3.15
Red Deer Advocate
11.10.3.16
Public Assembly
11.10.3.17
Restaurant, but no Drive-Through
11.10.3.18
Royal Canadian Legion
299
11.10.3.19
Transportation Services
11.10.3.20
Utilities
11.10.4
Discretionary Uses
11.10.4.1
Apartment
11.10.4.2
Commercial Entertainment Facility
11.10.4.3
Commercial School
11.10.4.4
Commercial Service Facility
11.10.4.5
Dwelling Units above the Main Floor
11.10.4.6
Gaming or Gambling Establishment
11.10.4.7
Health and Medical Services
11.10.4.8
Professional Offices, limited to the existing Buildings along
Bremner Avenue
11.10.4.9
Supportive Living Accommodation
11.10.4.10
Show Home
11.10.4.11
82Day Care Facility
Regulations
11.10.5
DC(1) Regulations Table
Category
Regulations
Site Area Minimum
As approved by the Development Authority to meet the
intent of the Zone
Parking
No Front Yard Parking, otherwise subject to general Parking
regulations
Front Yard Minimum
18.0m
Building Height Maximum
3 storeys
Landscaping
Entire Front Yard except for access Roads and Walkways. Side
Yards Adjacent to a Road are to be landscaped
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300
11.10.6
The Site Plan, relationship between Buildings, structures and Open Space,
architectural treatment of Buildings, provision and architecture of
landscaped Open Space, and Parking layout will be subject to the
Development Authority's approval.
11.10.7
All other regulations to be determined by the Development Authority.
11.10.8
Site Development
11.10.8.1
When the Site Abuts a Sidewalk, a direct Walkway must be
provided from the main entrance of a Principal Building to the
Sidewalk.
11.10.8.2
Development will facilitate and encourage pedestrian movement
on the Site and to Adjacent areas.
11.10.8.3
Development will create variety, character, comfortable scale, and
visual interest by incorporating a variety of complementary
building styles.
11.10.8.4
Residential Developments must incorporate architectural elements
such as balconies, verandas, canopies, and window Projections.
11.10.8.5
Building elevations facing a Road must be articulated with varied
architectural elements such as entrances, windows, vertical or
horizontal accents, Setbacks, jogs, canopies, Signs, Projections,
recessions, and roof lines.
11.10.8.6
At minimum, overhead weather Protection and Sidewalks will be
provided for pedestrians along Building fronts and at each Building
entrance.
11.10.8.7
Existing boulevards and Landscaped Areas will be preserved in
their current locations and must not be removed for new
Developments, including Driveways.
11.10.8.8
The relationship of the use to Adjacent Residential areas will factor
into considering the size, Site Plan, and architectural treatment of
the Building.
301
11.20 Direct Control Zone No. 2: DC(2)
Key Information
11.20.1
The boundaries of DC(2) are outlined on Map K18.
11.20.2
Permitted Uses
11.20.2.1
Accessory Building
11.20.2.2
Building Sign
11.20.2.3
Freestanding Sign
11.20.2.4
Mail Sorting and Distribution Centre
11.20.3
Discretionary Uses
11.20.3.1
Accessory Use
Regulations
11.20.4
Regardless of any conflicting regulations in this Bylaw, all Development in
this Zone will be in accordance with the following:
DC(2) Regulations Table
Category
Regulations
Floor Area Maximum
46% of Site Area
Building Height Maximum
2 storeys
Front Yard
9.0m
Side Yard
4.0m
Rear Yard
3.0m
Landscaped Area
15% of Site Area
Parking Spaces
3.0 spaces per 93.0m2 Gross Floor Area
Loading Spaces
1 space opposite each loading door with a
minimum of 1 space per 1860.0m2 of floor area
Site Area Minimum
0.4ha
Site Area Maximum
1.2ha
302
11.20.5
Outdoor Storage must be Screened to the Development Authority's
satisfaction.
11.20.6
The Site Plan, relationship between Buildings, structures and Open Space,
architectural treatment of Buildings, provision and architecture of
landscaped Open Space, and Parking layout will be subject to the
Development Authority's approval.
Frontage Minimum
30.0m
303
11.30 Direct Control Zone No. 3: DC(3)
Key Information
11.30.1
The general purpose of this Zone is to facilitate Development keeping with
the direction of the Greater Downtown Action Plan for the Railyards
neighbourhood. The vision includes medium to high density Residential,
mixed-use Residential and Commercial, Residential Development on the
upper floors of ground floor Commercial, and an overall high-quality
pedestrian environment.
11.30.2
The Site encompassed by the DC(3) Zone is in a prominent location in the
Downtown and is highly visible given its location Adjacent to both the Red
Deer River and Gaetz Avenue. Development on this Site should reflect its
elevated status as a major entry point into the Downtown. The boundaries
of DC(3) are outlined on Map L16.
11.30.3
Permitted Uses
11.30.3.1
Building Sign
11.30.3.2
Freestanding Sign
11.30.3.3
Health and Medical Services
11.30.3.4
Home Occupation Major
11.30.3.5
Home Occupation Minor
11.30.3.6
Merchandising Sales and Rentals excluding pawn shops
11.30.3.7
Mixed-Use Building
11.30.3.8
Professional Office
11.30.3.9
Restaurant
11.30.4
Discretionary Uses
11.30.4.1
Accessory Building
11.30.4.2
Accessory Use
11.30.4.3
Commercial Service Facility
11.30.4.4
Indoor Recreation Facility
11.30.4.5
Parking Lot
11.30.4.6
Parking Structure
304
11.30.4.7
Show Home
11.30.4.8
83Day Care Facility
Regulations
11.30.5
Development regulations will be determined by the Development
Authority.
11.30.6
City Council is the Development Authority for any new Principal Building on
the Site.
11.30.7
The Development Officers are the Development Authority for all Permitted
Uses and Discretionary Uses and Signs on existing Buildings on the Site.
11.30.8
In exercising its approval powers, the Development Authority will consider
the Greater Downtown Action Plan.
Schedules
11.30.9
DC(3) Schedule 1
83 3357/QQ-2024
305
306
307
308
309
11.40 Direct Control Zone No. 4: DC(4)
11.40.1
DELETED
310
11.50 Direct Control Zone No. 5: DC(5)
Key Information
11.50.1
The boundaries of DC(5) are outlined in Map L9.
11.50.2
Permitted Uses
11.50.2.1
Any uses approved by City Council
11.50.3
Discretionary Uses
N/A
Regulations
11.50.4
Council will act as Development Authority and determine the Yards,
landscaping, Parking requirements and layout, egress and ingress, Building
Heights, and architectural treatment for each use.
311
11.60 Direct Control Zone No. 6: DC(6)
Key Information
11.60.1
The boundaries of DC(6) are outlined in Map L15.
11.60.2
Permitted Uses
11.60.2.1
Accessory Building
11.60.2.2
Accessory Use
11.60.2.3
Building Sign
11.60.2.4
Commercial Service Facility
11.60.2.5
Freestanding Sign
11.60.2.6
Home Occupation Major
11.60.2.7
Home Occupation Minor
11.60.2.8
Merchandise Sales and Rentals, excluding agricultural and
Industrial vehicles or machinery, food store, pharmacy or drug
store
11.60.2.9
Professional Office
11.60.2.10
Restaurant, excluding against a part of this Site: any fast-food
outlet or Restaurant specializing in the sale of hamburgers
11.60.2.11
84Day Care Facility
11.60.3
Discretionary Uses
11.60.3.1
Apartment
11.60.3.2
Commercial Entertainment Facility
11.60.3.3
Cultural Facility
11.60.3.4
Detention and Correction Services
11.60.3.5
Drinking Establishment (Adult Entertainment prohibited)
11.60.3.6
Dynamic Fascia Sign, on Sites described in the Downtown Sign
Overlay
11.60.3.7
Dynamic Freestanding Sign, on Sites described in the Downtown
Sign Overlay
84 3357/QQ-2024
312
11.60.3.8
Educational Institution - Primary and Secondary
11.60.3.9
Educational Institution - Post Secondary
11.60.3.10
Emergency Services
11.60.3.11
Gaming or Gambling Establishment
11.60.3.12
Government Services
11.60.3.13
Health and Medical Services
11.60.3.14
Hospital
11.60.3.15
Hotel
11.60.3.16
Indoor Recreation Facility
11.60.3.17
Parking Lot or Parking Structure, accessory to any of the above
uses
11.60.3.18
Public Assembly
11.60.3.19
2 Restaurants in the existing Building
11.60.3.20
Show Home
Regulations
11.60.4
DC(6) Regulations Table
Category
Regulations
Building Height
As approved by the Development Authority
Front Yard Minimum
6.0m
Side Yard when it Abuts a Street
6.0m
Rear Yard Minimum
6.0m
Landscaped Area
10% of Site Area
Parking
Subject to general Parking requirements
Loading Spaces
1 required opposite each loading door
Site Area Minimum
900.0m2
Frontage Minimum
20.0m
Residential Unit Minimum
37.0m2 per Dwelling Unit
313
11.60.5
Development is to be based on a common theme representing the heritage
era Buildings in Downtown Red Deer. The following architectural guidelines
must be incorporated into all Buildings:
11.60.5.1
High quality exterior building materials utilizing stonework or
other natural like finishes common to heritage era Buildings,
containing some stucco and limited use of metal finishes;
11.60.5.2
Pedestrian oriented store fronts emphasizing special window and
entrance treatments;
11.60.5.3
Incorporation of cantilevers and canopies;
11.60.5.4
Tasteful colour schemes;
11.60.5.5
Aesthetics of each Building must be pleasing from all elevations
and feature street-oriented design elements including street-level
windows for all elevations visible from Adjacent Roads;
11.60.5.6
Warehouse type Buildings are prohibited;
11.60.5.7
Outdoor Storage areas are prohibited;
11.60.5.8
all waste containers must be enclosed, Screened or be fully
integrated into the overall Building or Site Development;
11.60.5.9
Development must be complementary to the downtown and
emphasize uses that would attract patrons, both during the day
and evening;
11.60.5.10
Development should produce a seamless connection to the area
south of 48 Street which will include a City park Site;
11.60.5.11
Development should facilitate and encourage pedestrian
movement in the Site and to Adjacent Developments. Site to
include Sidewalks incorporating the use of paving stones and
public area landscaping, lighting and street furniture;
11.60.5.12
All signs, lighting and street furniture must complement the overall
Building theme;
11.60.5.13
Landscaping:
11.60.5.13.1
must be of high quality, incorporating mature plantings;
314
11.60.5.13.2
of the perimeter of Site must include all Abutting Road
boulevard areas surrounding the Site; in lieu of the
boulevard landscaping required by the developer, the
minimum Site landscaping requirement is 10% of Site
Area rather than the 15% of Site Area required on
Abutting Sites in the area;
11.60.5.13.3
must have the perimeter and boulevard landscaping be
a continuation of the overall Site landscaping plan;
11.60.5.13.4
should be comprehensive throughout the Development
and appear seamless among the various components;
11.60.5.13.5
should Screen Parking areas and tie public and
Commercial areas together.
11.60.6
Motor vehicle access to the Site is such that:
11.60.6.1
all motor vehicle Site access is restricted to either 52 Avenue or 48
Street;
11.60.6.2
motor vehicle access from 52 Street is restricted to a common
access point shared with, the existing McDonalds Restaurant
access;
11.60.6.3
motor vehicle access from 48 Street will be restricted to 1 common
access point approximately midway between 52 Avenue and Taylor
Drive.
11.60.7
Developments should be innovative in Site design and features such as
landscaped covered Parking, use of decorative or unique fencing, feature
walls, flags, banners, sculptures, and extensive use of hard and soft
landscaping are encouraged.
11.60.8
All aspects of Development including land use, regulations, Site Plan, Site
Access, the relationship between Buildings, structures and Open Space, the
architectural treatment of Buildings, the provision and architecture of
Landscaped Areas, and the Parking layout will be subject to the
Development Authority's approval. Land uses may be developed either as
sole uses or in various combinations in a single Building or on a single Site.
11.60.9
City Council is the Development Authority for any new Principal Building.
11.60.10
The Development Officers are the Development Authority for all Permitted
and Discretionary Uses and Signs on existing Buildings or on the Site.
315
11.60.11
In exercising its approval powers, the Development Authority will consider
the Greater Downtown Action Plan.
316
11.70 Direct Control Zone No. 7: DC(7)
Key Information
11.70.1
This Zone is to allow the temporary use of a hair replacement salon in the
existing Building on Lot 1, Block 33, Plan 656 N.Y. (5401 - 48 Avenue), with
the long-term use intended to be multiple family Residential.
11.70.2
The boundaries of DC(7) are outlined in Map M15.
11.70.3
Permitted Uses
11.70.3.1
Any Permitted Use listed in the R-H Zone
11.70.3.2
Building Sign
11.70.3.3
Hair replacement salon in the existing Building
11.70.4
Discretionary Uses
11.70.4.1
Any Discretionary Use listed in the R-H Zone
Regulations
11.70.5
The Site Plan, relationship between Buildings, structures and Open Space,
architectural treatment of Buildings, provision and architecture of
landscaped Open Space, and Parking layout, will be subject to the
Development Authority's approval.
317
11.80 Direct Control Zone No. 8: DC(8)
Key Information
11.80.1
This Zone is to allow an Apartment and Hotel on the western part of Lots
2B and 3C, Plan 842 1872 and Commercial use on the remainder of the Site.
11.80.2
The boundaries of DC(8) are outlined in Map L12.
11.80.3
Permitted Uses
11.80.3.1
Any Permitted Use listed in the C-4 Commercial Zone, provided
it is not in the Apartment
11.80.3.2
1 Apartment
11.80.3.3
Hotel units as the only Commercial use in the Apartment
11.80.4
Discretionary Uses
11.80.4.1
Any Discretionary Use listed in the C-4 Commercial Zone
provided it is not in the apartment except for:
11.80.4.1.1
Dangerous Goods Occupancy;
11.80.4.1.2
Drinking Establishment (Adult Entertainment
Permitted);
11.80.4.1.3
Gambling or Gaming Establishment;
11.80.4.1.4
Outdoor Display or Sale of Goods; and
11.80.4.1.5
Warehouse
11.80.4.2
A Drinking Establishment (Adult Entertainment Prohibited), or
Gaming/Gambling Establishment as an Accessory Use provided
the Development includes measures taken, to the satisfaction of
the Development Authority to ensure that noise or visual
impacts from a Drinking Establishment (Adult Entertainment
Prohibited) or Gaming/Gambling Establishment will not
negatively impact the Adjacent Residential use
11.80.4.3
Restaurant
11.80.4.4
Show home
318
Regulations
11.80.5
The C-4 and R-H Zones will be used as a guide for the Development
Authority.
11.80.6
The Site Plan, relationship between Buildings, structures and Open Space,
architectural treatment of Buildings, provision and architecture of
landscaped Open Space, and Parking layout, will be subject to the
Development Authority's approval.
319
11.90 Direct Control Zone No. 9: DC(9)
Key Information
11.90.1
This Zone is to allow a Residential Apartment and park Development on a
Site Downtown between 52 Avenue and Taylor Drive.
11.90.2
The boundaries of DC(9) are outlined in Maps L14 & L15.
11.90.3
Permitted Uses
11.90.3.1
Accessory Building
11.90.3.2
1 Apartment
11.90.3.3
Building Sign
11.90.3.4
Open Space
11.90.4
Discretionary Uses
11.90.4.1
Accessory Use approved by City Council
11.90.4.2
Dynamic Fascia Sign, on Sites described in the Downtown Sign
Overlay
11.90.4.3
Dynamic Freestanding Sign, on Sites described in the Downtown
Sign Overlay
11.90.4.4
Show Home
Regulations
11.90.5
The R-H Zone will be used as a guide by the Development Authority when
considering regulations for the Apartment, and the P-1 Zone will be used as
a guide in considering regulations for the park Development.
11.90.6
The Site Plan, relationship between Buildings, structures and Open Space,
architectural treatment of Buildings, provision and architecture of
landscaped Open Space, and Parking layout, will be subject to the
Development Authority's approval.
320
11.100 Direct Control Zone No. 10: DC(10)
Key Information
11.100.1
This Zone is to permit the Development of a seniors' Residential
Development consisting of a maximum 120-unit manor house Building, 18
semi-detached units, and 1 triplex for a total maximum of 141 units as
shown on the Development plans forming part of this Zone. Municipal
reserve land (park) will be dedicated to the City to retain and protect part
of the existing stand of mature trees.
11.100.2
The boundaries of DC(10) are outlined in Map P15.
11.100.3 Permitted Uses
11.100.3.1
Accessory Building
11.100.3.2
Building Sign
11.100.3.3
Group of Buildings totaling 141 units in the form of:
11.100.3.3.1
120-unit manor House;
11.100.3.3.2
18 semi-detached units; and
11.100.3.3.3
1 triplex
11.100.3.4
Open Space
11.100.4 Discretionary Uses
11.100.4.1
Accessory Use
11.100.4.2
Show Home
Regulations
11.100.5
All regulations including Building Setbacks from Ross Street and 30 Avenue,
landscaping, and Parking will be subject to the Development Authority's
approval.
11.100.6
Space required for sufficient back or side slope cuts, or terracing along the
north and east sides of the manor house due to Site excavation will be
subject to the Development Authority's approval.
321
11.100.7
The Development Authority in considering regulations for the semi-
detached and triplex part of the Development will use the R-M Zone as a
guide.
11.100.8
Landscaping must include a berm and enhanced vegetation on the west
side of the Site between the manor House and Carpenter Street, consisting
of extensive tree and shrub plantings.
322
11.110 Direct Control Zone No. 11: DC(11)
Key Information
11.110.1
This Zone is to allow a place of worship in addition to uses allowed under
the C-2 Commercial Zone.
11.110.2
The boundaries of DC(11) are outlined in Map K17.
11.110.3 Permitted Uses
11.110.3.1
Building Sign
11.110.3.2
Commercial Service Facility
11.110.3.3
Freestanding Sign
11.110.3.4
Health and Medical Services
11.110.3.5
Merchandise Sales and Rentals
11.110.3.6
Mixed-Use Building
11.110.3.7
Professional Office
11.110.4 Discretionary Uses
11.110.4.1
Accessory Building
11.110.4.2
Accessory Use
11.110.4.3
Apartment
11.110.4.4
Detached dwelling and Accessory Buildings, existing legally at
the time of adoption of this Bylaw.
11.110.4.5
Home Occupation Major
11.110.4.6
Home Occupation Minor
11.110.4.7
Parking Lot
11.110.4.8
Show Home
Regulations
11.110.5
The C-2 Commercial Zone will be used as a guide by the Development
Authority in considering regulations for Development.
323
11.120 Direct Control Zone No. 12: DC(12)
Key Information
11.120.1
This Zone is to permit the Development of Commercial uses that will
facilitate and recognize a transition Zone between existing Residential areas
and the more intensely developed Commercial core.
11.120.2
The boundaries of DC(12) are outlined in Map M14.
11.120.3 Permitted Uses
11.120.3.1
Permitted Uses listed under the C-2 Commercial Zone
11.120.3.2
85 86Day Care Facility
11.120.4 Discretionary Uses
11.120.4.1
Cultural Facility
11.120.4.2
Detention and Correction Services
11.120.4.3
Discretionary Uses listed under the C-2 Commercial Zone
11.120.4.4
Educational Institution - Primary and Secondary
11.120.4.5
Educational Institution - Post Secondary
11.120.4.6
Emergency Services
11.120.4.7
Government Services
11.120.4.8
Hospital
11.120.4.9
Public Assembly, excluding a permanent shelter offering
overnight accommodation or a permanent facility where meals
are served to homeless or destitute individuals
Regulations
853357/QQ-2024
863357/SS-2024
11.120.5
DC(12) Regulations Table
Category
Regulations
Floor Area Minimum
Residential - 37.0m2 per unit
324
11.120.6
All Buildings in the DC(12) Zone will feature street-oriented design elements
for all elevations visible from Adjacent Roads . These design elements will
include street level windows, appropriately designed entrances, street-
oriented Signs, pedestrian scale design and building materials, which
complement other Buildings in the downtown.
11.120.7
Rear elevations and roof lines must complement the Abutting Residential
area.
11.120.8
Screening must be used, as necessary, to ensure that any waste receptacles
are not visible from the surrounding Roads.
87 3357/C-2026
Commercial - 0.0m2
Building Height Maximum
4 storeys
Front Yard Minimum
6.0m subject to overhead electrical wire Setbacks
Side Yard Minimum
Residential - as required by the Development
Authority
Commercial - 0.0m, subject to overhead electrical
wire Setbacks, unless the Side Yard Abuts a Road, in
which case it will be 1.5m
Rear Yard Minimum
87Residential - 7.5m
Commercial - 1.5m subject to overhead electrical
wire Setbacks
Landscaped Area
15% of Site Area
Parking Spaces
Subject to general Parking requirements
Loading Spaces
Residential - N/A
Commercial - 1 space opposite each loading door
Site Area Minimum
Residential - as required by the Development
Authority
Commercial - 278.0m2
Frontage Minimum
Residential - 22.0m or 6.1m per unit
Commercial - 7.5m2
325
11.120.9
The minimum Rear Yard Setback of 1.5m required for Commercial uses will
not apply to a Site where the landowner has transferred title to The City of
the land otherwise required as additional Setback, provided that, where
the Setback or any part of it, is occupied by a Building, the landowner also
enters a License to Occupy agreement with The City.
11.120.10 The minimum Side Yard Setback of 1.5m required for Commercial uses on a
Corner Site will not apply to a Site in respect of which the landowner has
transferred title to The City of the land that would otherwise be required as
additional Setback, provided that, where the Setback, or any part of it, is
occupied by a Building, the landowner has also entered into a License to
Occupy agreement with The City.
11.120.11 The Site Plan, relationship between Buildings, structures and Open Space,
architectural treatment of Buildings, provision and architecture of
landscaped Open Space, and Parking layout, will be subject to the
Development Authority's approval.
326
11.130 Direct Control Zone No. 13: DC(13)
Key Information
11.130.1
The general purpose of this Zone is to facilitate redevelopment satisfying
the objectives of the Riverside Meadows Area Redevelopment Plan, so
Riverside Meadows may develop as if it were a village in a city.
11.130.2
DC(13) allows a compatible blend of small scale Commercial and
Residential including Developments where someone can both live and work
on the Site. Redevelopment will be in accordance with the Riverside
Meadows Overlay to ensure careful integration with the existing Residential
context of the neighbourhood.
11.130.3
Buildings along the river front will engage the public space with an
attractive design.
11.130.4
The boundaries of DC(13) are as outlined in Map L16.
11.130.5 Permitted Uses
11.130.5.1
Accessory Building
11.130.5.2
House
11.130.5.3
Home Occupation Minor
11.130.5.4
Home Occupation Major
11.130.6 Discretionary Uses
11.130.6.1
All uses in existence on January 15, 2001, are Discretionary Uses
under the Bylaw provided the use does not expand, takes place
in an existing Building and the use is continuous
11.130.6.2
Any combination of uses 11.130.6.8 through 11.130.6.11 on the
Main Floor of a Residential use
11.130.6.3
Apartment
11.130.6.4
Building Sign
11.130.6.5
Commercial Service Facility
11.130.6.6
Duplex
11.130.6.7
Health and Medical Services
327
11.130.6.8
Merchandise Sales and Rentals excluding adult oriented
merchandise
11.130.6.9
Professional Office
11.130.6.10 Public Assembly
11.130.6.11 Restaurant
11.130.6.12 Show Home
11.130.6.13 Townhouse
11.130.6.14 88Day Care Facility
Regulations
11.130.8
For DC(13), Development Officers will serve as the Approval Authority.
11.130.9
Applications for redevelopment Adjacent to or across the Road from
Residential will be circulated to all landowners of Sites within 100m of the
Site's Boundary.
88 3357/QQ-2024
11.130.7
DC(13) Regulations Table
Category
Regulations
Site Coverage
40% minimum (includes all Accessory Buildings)
Office Area Maximum
930m2
Building Height
4 storey maximum
Front Yard
Residential- 4m minimum
Commercial- 0m minimum
Side Yard
0.0m minimum unless Abutting Residential use
then 1.5m
Rear Yard
Residential - 7.5m minimum
Commercial- 1.5m minimum
Parking
Subject to general Parking requirements
328
11.130.10 All Development must comply with the design regulations provided in the
Riverside Meadows Overlay.
11.130.11 Parking variances may occur for redevelopment where it can be
demonstrated that Parking will not overflow in to or cause problems with
the Adjacent Residential.
11.130.12 Parking will not be visible from the river front.
11.130.13 The partial conversion of existing multi-unit Residential Buildings to
Discretionary Uses 11.130.6.8 through 11.130.6.11 listed above is not
allowed unless extensive renovations are completed, or a new Building is
constructed.
329
11.140 Direct Control Zone No. 14: DC(14)
11.140.1
DELETED
330
11.150 Direct Control Zone No. 15: DC(15)
Key Information
11.150.1
The general purpose of this Zone is to provide a low-density Residential
area in the form of Detached Dwellings as well as regulate and encourage
the Development or redevelopment of Detached Dwellings to compliment
or preserve the historic character and architecture of the existing built
environment (Buildings and Road) and is compatible with the Greater
Downtown Action Plan.
11.150.2
Properties fronting 55 Street provide a transition between Commercial uses
along 55 Street and Residential uses along 49A Avenue.
11.150.3
The boundaries of DC(15) are as outlined in Map M16.
11.150.4 Permitted Uses
11.150.4.1
89Accessory Buildings
11.150.4.2
House
11.150.4.3
Home Occupation Minor
11.150.4.4
House Suite
11.150.5 Discretionary Uses
11.150.5.1
Accessory Use
11.150.5.2
Amateur radio tower
11.150.5.3
Home Occupation Major
11.150.5.4
Health and Medical Services on Lots 5-6, Block 3, Plan 7075AE,
4922 - 55 Street.
11.150.5.5
Show Home
11.150.5.6
The following uses on Lot 1A, Block 2, Plan 862-1950 (4926-55
Street):
11.150.5.6.1
Building Sign,
11.150.5.6.2
Commercial Service Facility
11.150.5.6.3
Freestanding Sign
89 3357/C-2026
331
11.150.5.6.4
Indoor Recreation Facility that does not cause
nuisances that interfere, detract, or disturb the
character of the Residential neighbourhood,
excluding:
11.150.5.6.4.1
amusement arcades;
11.150.5.6.4.2
billiards or pool halls; and
11.150.5.6.4.3
bowling alleys;
11.150.5.6.5
Mixed-Use Building
11.150.5.6.6
Merchandise Sales and Rentals
11.150.5.6.7
Professional Office
11.150.5.6.8
Restaurant, but no Drive-throughs
11.150.5.6.9
Service and repair of goods traded on 4926 - 55
Street
11.150.5.6.10
90Day Care Facility
Regulations
11.150.6 DC(15) Regulations Table
Category
General Regulations
Regulations for Lot 1A, Block 2,
Plan 862-1950 (4926-55 Street)
Floor Area Minimum
Detached Dwelling Unit
Frontage in metres x 6.0m
Commercial 0.0m2
Dwelling Units above the Main Floor:
- Minimum: 37.0m2
- Maximum: 3 times Site Area
Detached Dwelling Unit Frontage in
metres x 6.0m
Site Coverage
Maximum
40% includes all Accessory
Buildings
Residential- 40% includes all Accessory
Buildings
Commercial- 60%
90 3357/QQ-2024
332
Building Height
Maximum
2 storeys with a maximum
of 10.0m measured from
the average Site Grade
Commercial - 3 storeys
Residential- 2 storeys with a maximum
of 10.0m measured from the average
Site Grade except:
3 storeys for Dwelling Units above
the Main Foor
Front Yard Minimum
6.0m
Commercial - Under discretion of the
Development Authority based on
Building's impact on surrounding Sites
and the streetscape.
Residential - 6.0m
Side Yard Minimum
1.5m despite the Setbacks
noted above, where the
Building flanks a Road, the
Setback on the flanking
side must not be less than
2.4m
1.5m despite the Setbacks noted
above, where the Building flanks a
Road, the Setback on the flanking
side must not be less than 2.4m
Rear Yard Minimum
7.5m
Residential- 7.5m
Commercial- 1.5m, subject to
overhead electrical wire Setback
requirements
Lot Depth Minimum
30.0m
30.0m
Landscaped Area
Minimum
35% of Site Area
Residential - 35% of Site Area
Commercial - 15% unless otherwise
required by the Development
Authority
Parking Spaces
Subject to general Parking
regulations
Subject to general Parking regulations
Lot Area Minimum
360.0m2
360.0m2
Lot Frontage
Minimum
12.0m
12.0m
333
11.150.7
Regardless of subsection 11.150.6, the Development Authority may
consider adhering to the following regulations as satisfying subsection
11.150.6:
11.150.7.1
an existing Building or Site measured to be within the following
tolerances complies with subsection 11.150.6:
11.150.7.1.1
not less than 90.0% of the minimum Front Yard, Side
Yard, Rear Yard, Site Area, or Frontage;
11.150.7.1.2
not less than 95.0% of the minimum floor area;
11.150.7.1.3
not less than 98.0% of the minimum landscaping area.
11.150.8
In calculating the minimum floor area for an odd and irregular shaped Site:
11.150.8.1
the Frontage of the Site will be the greater of either the width of
the Site at the Building line or the Front Boundary of the Site;
11.150.8.2
the width of the Site at the building line will be the distance
between the Side Boundary lines measured along the alignment of
the front or rear wall of the Building, whichever is the lesser.
11.150.9
The Site Plan, relationship between Buildings, structures and Open Space,
architectural treatment of Buildings, provision and architecture of
landscaped Open Space, and Parking layout, will be subject to approval by
the Development Authority.
11.150.10 Regulations Pertaining to Health and Medical Services Discretionary Use
11.150.10.1 Health and Medical Services must be secondary to Residential use.
11.150.10.2 Health and Medical Services may occupy no more than 50% of the
habitable floor area of the detached dwelling on Lots 5-6, Block 3,
Plan 7075AE (4922 - 55 Street).
11.150.10.3 Health and Medical Services will be subject to the restrictions of
hours of operation from 9:00am to 7:00pm.
11.150.10.4 A minimum 2 off-street Parking stalls for the exclusive and
unrestricted use of the Health and Medical Services use during its
hours of operation in addition to the 2 Residential off-street
Parking stalls are required.
334
11.160 Direct Control Zone No. 16: DC(16)
Key Information
11.160.1
This Direct Control Zone applies to the Residential Development proposed
by the Handicapped Housing Society of Alberta, or its successors in title, on
the north vacant part of the New Life Fellowship Church Site. The
boundaries of DC(16) are outlined on Map L20.
11.160.2
This Zone provides for infill Development of Townhouses and Apartments
built on universal design principles and in accordance with special
Development regulations reflecting community input.
11.160.3
Universal design in housing is generally defined by the building industry as
housing that allows for the housing for the lifespan of all people. It includes
features such as entrances without steps, wider doorways, lever door
handles instead of knobs, light switches at a height that is more reachable
by everyone, adjustable height closet rods, knee space under the kitchen
sink, the cooktop and the bathroom countertop, lever type water controls,
grab bars in the shower, adjustable height shower head, etc.
11.160.4 Permitted Uses
11.160.4.1
Accessory Building
11.160.4.2
Home Occupation Minor
11.160.5 Discretionary Uses
11.160.5.1
Amateur Radio Tower
11.160.5.2
Apartment
11.160.5.3
Building Sign
11.160.5.4
Home Occupation Major
11.160.5.5
Show Home
11.160.5.6
Townhouse
Regulations
11.160.6
This Zone is governed by the applicable regulations listed under the R-M
(Residential Medium Density) Zone.
335
11.160.7
The Site Plan, relationship between Buildings, structures and Open Space,
architectural treatment of buildings, provision and architecture of
landscaped Open Space, and Parking layout, will be subject to approval by
the Development Authority.
11.160.8
All Dwelling Units and Buildings will be designed based on "universal design
principles" as referenced in subsection 11.160.3.
11.160.9
At the completion of construction of Phase 1, i.e., the Apartment building
or the first stage thereof, some of the existing mature spruce trees along
the northern part of the Site and on the north Boundary will be relocated
to and maintained in permanent landscaping within the Rear Yard Setback
along Kentwood Drive. Where possible, any remaining mature spruce trees
along the northern part of the Site and on the north Boundary will be
maintained in this position until the construction of Phase 2, i.e., the
Townhouses, in this location.
11.160.10 No vehicle access (except emergency vehicles) will be allowed from or onto
Kentwood Drive to or from the proposed Development, and appropriate
arrangements will be made with and to the satisfaction of emergency
services in this regard.
11.160.11 Density will be restricted to 60 Dwelling Units per hectare.
11.160.12 Parking spaces on the Site will meet the general Parking regulations, and
the applicable regulations of the Alberta Building Code regarding Parking
spaces for accessible Parking.
11.160.13 As a condition of any Development Permit in this Zone, the Development
Authority must ensure an agreement exists between The City and the
landowners of the remainder of Lot 1 Block 2 Plan 782 1439 that requires
these landowners to provide additional Parking spaces on the Site in
compliance with general Parking requirements.
336
11.170 Direct Control Zone No. 17: DC(17)
11.170.1
DELETED
337
11.180 Direct Control Zone No. 18: DC(18)
Key Information
11.180.1
This Zone allows for an Apartment building and Townhouses compatible
with the surrounding neighbourhood and the Riverside Meadows Area
Redevelopment Plan.
11.180.2
The boundaries of DC(18) are as outlined in Map L16.
11.180.3 Permitted Uses
11.180.3.1
Apartment to a maximum of 95 units
11.180.3.2
Building Sign
11.180.3.3
Townhouse to a maximum of 7 units
11.180.4 Discretionary Uses
11.180.4.1
As approved by Council
11.180.4.2
Show Home
Regulations
11.180.5
For this Direct Control Zone, Council is the Approval Authority.
11.180.6
Regulations not specifically referred to in this Zone will be approved by City
Council, based on the regulations of the R-M Zone.
11.180.7
The Apartment Building will be handicapped accessible with an elevator.
11.180.8
Apartment Building will be 4 storeys with all Dwelling Units above Grade;
11.180.9
Townhouses are to comply to the R-M Zone Building Height requirements.
11.180.10 Parking will adhere to the applicable regulations in Part 3, however, Council
may defer construction of part of the Parking if provided evidence Parking
is not required at this time.
11.180.11 If part of the Parking is deferred, the area where Parking is deferred (west
side of the Site) will be retained for public park use until the land is
required for Parking.
11.180.12 To ensure that any Site Development meets vehicle and pedestrian traffic
needs, the applicant must submit a traffic study for review by The City.
338
11.180.13 Minimum Site Area is to be 1 hectare.
339
11.190 Direct Control Zone No. 19: DC(19)
Key Information
11.190.1
This Zone will allow Development of a non-medical detoxification centre
and overnight shelter program, with Commercial use provisions included.
11.190.2
The boundaries of DC(19) are as outlined in Map L15.
11.190.3 Permitted Uses
11.190.3.1
All uses listed as Permitted Uses in the C-1A Commercial Zone
11.190.3.2
91Temporary Care Facility;
11.190.4 Discretionary Uses
11.190.4.1
All uses listed as Discretionary Uses in the C-1A Commercial
Zone
Regulations
11.190.5
For this Direct Control Zone, Council is the Development Authority.
11.190.6
The existing Building is considered to meet all regulations apart from
Landscaped Area.
11.190.7
Landscaped Area is to be 15% of Site Area which is to include perimeter
landscaping around the north Parking area.
11.190.8
Existing metal fence to be removed within 30 days of occupancy.
11.190.9
Any regulations listed in this Zone as well as those as set out in Part 2, Part
3, Part 4, and Part 7 of this Bylaw are delegated by Council to the
Development Officer.
91 3357/WW-2024
340
11.200 Direct Control Zone No. 20: DC(20)
Key Information
11.200.1
This Zone is to permit redevelopment of the Site on Lots 1 & 2, Block 9,
Plan 708 M.C. (4758 - 32 Street) with low density Commercial uses that
provide a transition between the Commercial Zone west of the Site and,
the Residential Developments east and north of the Site.
11.200.2
The boundaries of DC(20) are as outlined in Maps M12 & M13.
11.200.3 Permitted Uses
11.200.3.1
Building Sign
11.200.3.2
Commercial Service Facility
11.200.3.3
Freestanding Sign
11.200.3.4
Health and Medical Services
11.200.3.5
Indoor Recreation facility
11.200.3.6
Merchandise Sales and Rentals excluding:
11.200.3.6.1
Adult oriented merchandise
11.200.3.6.2
Motor vehicles and fuel
11.200.3.7
Restaurant
11.200.3.8
92Day Care Facility
11.200.4 Discretionary Uses
11.200.4.1
Accessory Building
11.200.4.2
Accessory Use
11.200.4.3
Dangerous Goods Occupancy, where required, in association
with a dry cleaning business
11.200.4.4
Gaming or Gambling Establishment
92 3557/QQ-2024
341
Regulations
11.200.6
To ensure new Development matches the character and scale of the
existing surrounding neighbourhood, all uses, and regulations prescribed
for this Zone, Site Plan, Site access, pedestrian environment, the provision
of Landscaped Areas, and the Parking layout will be subject to approval by
the Development Authority.
11.200.7
The relationship of the use to Adjacent Residential areas will be a factor in
considering the Site Plan and architectural treatment of the Building.
93 3357/C-2026
11.200.5
DC(20) Regulations Table
Category
Regulations
Floor Area Maximum
⅓ of Site Area
Building Height
Maximum
2 storeys
Front Yard Minimum
939.0m
Side Yard Minimum
3.0m, unless the Side Yard Abuts a Residential Site,
in which case it will be 7.0m
Rear Yard Minimum
9.0m
Landscaped Area
Minimum
15% of Site Area to include retention of existing
vegetation on the southern part of Site
Parking
General Parking requirements apply
Loading Spaces
Minimum
1 space opposite each loading door with a
minimum of 1 which may be used as a Parking
space
Site Area Minimum
0.5ha
Frontage Minimum
40.0m
342
11.210 Direct Control Zone No. 21: DC(21)
11.210.1
DELETED
343
11.220 Direct Control Zone No. 22: DC(22)
Key Information
11.220.1
This Zone allows for redevelopment of the former St. Joseph's Covent Site
in a way compatible with the surrounding neighbourhood and following the
Highland Green Estates Neighbourhood Area Structure Plan.
11.220.2
The boundaries of DC(22) are as outlined in Map L17.
11.220.3 Permitted Uses
11.220.3.1
1 Apartment Building to a maximum 55 units
11.220.4 Discretionary Uses
11.220.4.1
All Permitted Uses and Discretionary Uses listed in the PS Public
Service Zone
11.220.4.2
Accessory Building
11.220.4.3
Home Occupation Major
11.220.4.4
Home Occupation Minor
11.220.4.5
Show Home
Regulations
11.220.5
The Municipal Planning Commission is the Approval Authority.
11.220.6
Residential Apartment
11.220.6.1
Maximum 4 storey Building with total Building Height at least a ½
storey, 1.5m, lower than the total Building Height of the Adjacent
Montfort Heights Building;
11.220.6.2
All Parking to be contained on the Site with underground Parking
for tenants and surface Parking for visitors;
11.220.6.3
Building to be handicapped accessible with an elevator;
11.220.6.4
Building to be separated a minimum 30.48m from any existing
Building on an Adjacent Site;
11.220.6.5
Minimum 35% Site is to be landscaped;
11.220.6.6
Maximum 40% Site Coverage permitted; and
344
11.220.6.7
All regulations not specifically referred to in this Zone including
Building elevations will be approved by the Development Authority
and based on the regulations of the R-M (Residential Medium
Density) Zone.
11.220.7
All Other Uses
11.220.7.1
Subject to approval of the Development Authority.
345
11.230 Direct Control Zone No. 23: DC(23)
11.230.1
DELETED
346
11.240 Direct Control Zone No. 24: DC(24)
11.240.1
DELETED
347
11.250 Direct Control Zone No. 25: DC(25)
Key Information
Figure 11.250-1: DC(25) Southpointe Junction Lot Key Plan
11.250.1
The DC(25) Zone is to promote a unique and coherent concept for the area
covered by the Southpointe NASP, with Commercial Development on lots A
- F and Residential Development on lots G - M, where:
11.250.1.1
the general purpose of the Commercial part is to facilitate
Development of regional trade centres, which also includes
Commercial services, Dwelling Units, and limited amounts of
offices as secondary functions, to serve The City and the region .
11.250.1.2
the general purpose of the Residential part is to allow and control
medium and high-density Residential Development.
11.250.2
Development in the Southpointe NASP area will follow proper forest
management practices and Fire Smart principles as agreed between the
City and the developer and as shown in subsection 11.250.13.1.
11.250.3
The power to make decisions with respect to Development and use
applications in this Zone is delegated to the Development Authority, subject
only to the direction of the polices and requirements of the Southpointe
NASP with respect to any application.
348
11.250.4 Permitted Uses (Lots A, B, C, D, E, F)
11.250.4.1
Building Sign
11.250.4.2
Commercial Service Facility
11.250.4.3
Freestanding Sign
11.250.4.4
Merchandise Sales and Rentals
11.250.4.5
Professional Offices, on the second storey or above
11.250.4.6
Restaurant (Lots A, B, C,D, E only)
11.250.4.7
Health and Medical Services
11.250.5 Permitted Uses (Lots G, H, J, K, L, M)
11.250.5.1
Accessory Building
11.250.5.2
Building Sign
11.250.5.3
Home Occupation Minor
11.250.5.4
Apartment up to a maximum density of 52 units per hectare (Lot
G only)
11.250.5.5
Apartment up to a maximum density of 100 units per hectare
(Lot H only)
11.250.5.6
Apartment up to a maximum density of 58 units per hectare (Lot
J only)
11.250.5.7
Apartment up to a maximum density of 107 units per hectare
(Lot K only)
11.250.5.8
Apartment up to a maximum density of 111 units per hectare
(Lot L only)
11.250.5.9
Apartment up to a maximum density of 102 units per hectare
(Lot M only)
11.250.5.10 Townhouse up to a maximum density of 52 units per hectare
(Lot G only)
11.250.5.11 Townhouse up to a maximum density of 58 units per hectare
(Lot J only)
349
11.250.6 Discretionary Uses (Lots A, B, C, D, E, F)
11.250.6.1
Above Ground Storage Tanks for motor fuel including propane
and used oil (Lots D and E only)
11.250.6.2
Accessory Building
11.250.6.3
Commercial Entertainment Facility (Lots A, B, C, D, E only)
11.250.6.4
Communication Facility
11.250.6.5
Drinking Establishment (Adult Entertainment Prohibited) (Lots A,
B, C, D, E only)
11.250.6.6
Dynamic Fascia Sign
11.250.6.7
Dynamic Freestanding Sign
11.250.6.8
Hotel (Lots A, B, C, D, E, only)
11.250.6.9
Indoor Recreation Facility
11.250.6.10 Mixed-Use Building
11.250.6.11 Outdoor Display or Sale of Goods
11.250.6.12 Outdoor Storage
11.250.6.13 Parking Lot
11.250.6.14 Parking Structure
11.250.6.15 Professional Office, on the Main Floor
11.250.6.16 Restaurant (Lot F only)
11.250.6.17 Service Station (Lots D, E only)
11.250.6.18 Transportation Services
11.250.6.19 Utilities
11.250.6.20 94Day Care Facility
11.250.7 Discretionary Uses (Lots G, H, J, K, L, M)
11.250.7.1
95Deleted
11.250.7.2
Duplex (Lots G and J only)
11.250.7.3
Home Occupation Major
94 3557/QQ-2024
95 3557/QQ-2024
350
11.250.7.4
Mixed-Use Building, with the following Discretionary Uses on
the ground floor:
11.250.7.4.1
Commercial Entertainment Facility
11.250.7.4.2
Commercial Service Facility
11.250.7.4.3
Cultural Facility
11.250.7.4.4
Health and Medical Services
11.250.7.4.5
Indoor Recreational Facility
11.250.7.4.6
Information Service Provider
11.250.7.4.7
Merchandise Sales and Rentals
11.250.7.4.8
Professional Office
11.250.7.4.9
Restaurant
11.250.7.4.10 Specialty Food Service
11.250.7.5
Public Assembly
11.250.7.6
Show Home
11.250.7.7
Supportive Living Accommodation
11.250.7.8
Townhouses up to a maximum density of 52 units per hectare
(Lots H, K, L only)
Regulations
11.250.8
Commercial Regulations (Lots A, B, C, D, E, F)
11.250.8.1
Office must be a maximum of 10% of the Gross Leasable Floor
Area maximum of the whole Shopping Centre (Lots A,B, C, D, E and
F). Total office will be a maximum of 5914m2.
11.250.8.2
DC(25) Commercial Regulations Table
Category
Regulations
Floor Area
Shopping Centre maximum - Gross Leasable Floor Area
no more than ⅓ of Site Area
Dwelling Units minimum - 55.0m2
Professional Office maximum area: 4,645m2
351
11.250.8.3
The DC(25) Zone is subject to any applicable Section 3.200
regulations.
11.250.8.4
The Site Plan, relationship between Buildings, structures and Open
Spaces, architectural treatment of Buildings, provision and
architecture of landscaped Open Space and Parking layout will be
subject to approval by the Development Authority.
11.250.9
Residential Regulations. (Lots G, H, J, K, L, M)
Building Height Maximum
3 storeys - Lots A, B, C, D, E
1 storey, at a maximum height of 6.0m - Lot F
Landscaped Area Minimum
15% of Site Area
Parking
Subject to general Parking requirements
Loading Spaces Minimum
1 opposite each loading door with a minimum of 1 per
Building
Site Area Minimum
0.4ha - Lots A, B, C, D, E
0.09ha - Lot F
11.250.9.1
DC(25) Residential Regulations Table
Category
Regulations
Floor Area Minimum
Lots H, K, L, M
Townhouse: 40.0m2 for each unit
Dwelling Unit in an Apartment: 37.0m2
Unit in a Supportive Living Accommodation: 23.0m2
Lots G and J
Duplex: 65.0m2 for each unit
Townhouse: 40.0m2 for each unit
Apartment: 37.0m2 for each unit
Unit in a Supportive Living Accommodation: 23.0m2
Site Coverage Maximum
All Residential lots: 45% (all Accessory Buildings)
352
Building Height Maximum
2 storeys with a maximum of 10.0m measured from the
average of the lot Grade.
Apartment or Supportive Living Accommodation: 4
storeys.
Landscaped Area Minimum
35% of Site Area.
Parking Spaces
Subject to general Parking requirements
Lot Area Minimum
Lot G
Duplex: 232.0m2 per Dwelling Unit
Townhouse: 193.0m2 per unit
Apartment (studio): 74.0m2 per unit
Apartment (1 bedroom): 111.0m2 per unit
Apartment (more than 1 bedroom): 139.0m2 per unit
Lots H, K, L, M
55.0m2 per unit in an Apartment or Supportive Living
Accommodation
185.0m2 per internal unit and 240m2 per end unit in a
Townhouse
Lot J
Duplex: 232.0m2 per Dwelling Unit
Townhouse: 173.0m2 per unit
Apartment (Studio): 74.0m2 per unit
Apartment (1 bedroom): 111.0m2 per unit
Apartment (more than 1 bedroom): 139.0m2 per unit
Frontage Minimum
Lots G and J
353
11.250.9.2
Where each half of a Duplex is contained on a separate Site, no
Side Yard is required on the side where the halves Abut.
11.250.9.3
Where the Dwelling Units of a Townhouse are contained in
separate sites, no Side Yards are required on the sides where a
Dwelling Unit from 1 Site Abuts the Dwelling Unit on another.
11.250.9.4
The Site Plan, relationship between Buildings, structures, and
Open Space the architectural treatment of Buildings, provision and
architecture of landscaped Open Space, and Parking layout will be
subject to approval by the Development Authority.
11.250.9.5
Regardless of the minimum lot area requirements, when an area
has a density designation in accordance with the DC(25) Permitted
and Discretionary Uses table, the minimum lot area is subject to
approval of the Development Authority.
11.250.10 Mixed-Use Building Regulations
11.250.10.1 Where a Mixed-Use Building is approved, it is subject to the
following, which may not be modified by the Development
Authority:
11.250.10.1.1 a Mixed-Use Building may not result in a disturbance to
the peace and quiet or other amenities of the
neighbourhood, nor cause the emission of dust, noise,
odour, smoke, electronic interference, bright lights or
another nuisance;
11.250.10.1.2 outside storage or display of any kind is not permitted;
11.250.10.1.3 each Building must have a minimum of 3 Residential
units;
Duplex: 7.6m per unit
Townhouse: 19.5m
Apartment: 5.5m per each unit
Lots H, K, L, M
Townhouse: 5.5m per each unit
354
11.250.10.1.4 Commercial and Residential must have individual Road
level access that is not shared;
11.250.10.1.5 the Building must not have a front-attached Garage.
11.250.10.2 Where a Mixed-Use Building is approved, it is subject to the
following, except as varied by the Development Authority:
11.250.10.2.1 area allocated for Commercial units may not 50% of the
Gross Floor Area of the Building.
11.250.10.3 A Mixed-Use Building must provide Parking as required under
general Parking requirements. The Development Authority may
increase the number of Parking stalls required for a Mixed-Use
Building.
11.250.10.4 The number, size, location, and design of Signs for a live-work style
unit is subject to approval by the Development Authority.
355
11.250.11 Setback Regulations Tables
11.250.11.1 DC(25) Lot A & B Setbacks
Yard
Setback
Yard A
5.3m minimum
Yard B
1.6m minimum
Yard C
5.0m minimum
Figure 11.250-2: DC(25) Lots A & B
356
11.250.11.2 DC(25) Lot C Setbacks
Yard
Setback
Yard A
5.3m minimum
Yard B
5.0m minimum
Yard C
1.6m minimum
Yard D
5.0m minimum
Figure 11.250-3: DC(25) Lot C
357
11.250.11.3 DC(25) Lot D Setbacks
Yard
Setback
Yard A
5.3m minimum
Yard B
1.6m minimum
Yard C
5.0m minimum
Yard D
5.0m minimum
Figure 11.250-4: DC(25) Lot D
358
11.250.11.4 DC(25) Lot E Setbacks
Yard
Setback
Yard A
1.6m minimum
Yard B
5.0m minimum
Yard C
5.0m minimum
Yard D
5.0m minimum
Figure 11.250-5: DC(25) Lot E
359
11.250.11.5 DC(25) Lot F Setbacks
Yard
Setback
Yard A
1.6m minimum
Yard B
1.5m minimum
Yard C
2.5m minimum
Yard D
1.5m minimum
Figure 11.250-6: DC(25) Lot F
360
11.250.11.6 DC(25) Lot G Setbacks
Yard
Setback
Front Yard
Apartment minimum 4.5m (Refer to subsection 11.250.13.2)
Townhouse (to front door): minimum 2.4m
Townhouse (to any regularly occupied room): minimum
4.8m
Side Yard
Duplex (without side entry): minimum 1.5m
Duplex (with side entry): minimum 2.4m
Townhouse (without side entry): minimum 1.8m
Townhouse (with side entry): minimum 2.4m
Apartment: minimum 66% of Building Height and in no case
less than 3.0m
Rear Yard
Minimum 7.5m
Figure 11.250-7: DC(25) Lot G
361
11.250.11.7 DC(25) Lot H Setbacks
Yard
Setback
Front Yard
Minimum 6.0m
Side Yard
Townhouse (without side entry): minimum 1.8m
Townhouse (with side entry): minimum 2.4m
Apartment, Mixed-Use Building or Supportive Living
Accommodation: minimum 3.0m
Regardless of the Setbacks noted above, where the Building
flanks a Road, the Setback on the flanking side will be in
accordance with the corresponding figure
Rear Yard
Minimum 7.5m
Figure 11.250-8: DC(25) Lot H
362
11.250.11.8 DC(25) Lot J Setbacks
Yard
Setback
Front Yard
Apartment minimum 4.5m (Refer to subsection 11.250.13.2)
Townhouse (to front door): minimum 2.4m
Townhouse (to any regularly occupied room): minimum 4.8m
Side Yard
Duplex (without side entry): minimum 1.5m
Duplex (with side entry): minimum 2.4m
Townhouse (without side entry): minimum 1.8m
Townhouse (with side entry): minimum 2. M
Apartment: minimum 66% of Building Height and in no case
less than 3.0m
Regardless of the Setbacks noted above, where the Building
flanks a Road, the Setback on the flanking side will be in
accordance with the corresponding figure
Rear Yard
Minimum 7.5m
Figure 11.250-9: DC(25) Lot J
363
11.250.11.9 DC(25) Lot K Setbacks
Yard
Setback
Front Yard
Minimum 6.0m
Side Yard
Townhouse (without side entry): minimum 1.8m
Townhouse (with side entry): minimum 2.4m
Apartment, Mixed-Use Building or Supportive Living
Accommodation: minimum 3.0m
Regardless of the Setbacks noted above, where the Building
flanks a Road, the Setback on the flanking side will be in
accordance with the corresponding figure
Rear Yard
Minimum 7.5m
Figure 11.250-10: DC(25) Lot K
364
11.250.11.10 DC(25) Lot L Setbacks
Yard
Setback
Front Yard
Minimum 6.0m
Side Yard
Townhouse (without side entry): minimum 1.8m
Townhouse (with side entry): minimum 2.4m
Apartment, Mixed-Use Building or Supportive Living
Accommodation: minimum 3.0m
Regardless of the Setbacks noted above, where the
Building flanks a Road, the Setback on the flanking side
will be in accordance with the corresponding figure
Rear Yard
Minimum 6.0m
Figure 11.250-11: DC(25) Lot L
365
11.250.11.11 DC(25) Lot M Setbacks
Yard
Setback
Front Yard
Apartment minimum 4.5m (Refer to subsection 11.250.13.2)
Townhouse (to front door): minimum 2.4m
Townhouse (to any regularly occupied room): minimum 4.8m
Side Yard
Townhouse (without side entry): minimum 1.8m
Townhouse (with side entry): minimum 2.4m
Apartment, Mixed-Use Building, or Supportive Living
Accommodation: minimum 3.0m
Regardless of the Setbacks noted above, where the Building
flanks a Road, the Setback on the flanking side will be in
accordance with the corresponding figure
Rear Yard
Minimum 7.5m
Figure 11.250-12: DC(25) Lot M
366
11.250.12 Free Standing Sign Locations
Figure 11.250-13: DC(25) Free Standing Sign Sizes and Locations
367
11.250.13 Appendix Items
11.250.13.1 FireSmart Interpretation
368
11.250.13.2 Front Yard Concepts
369
11.260 Direct Control Zone No. 26: DC(26)
Key Information
11.260.1
The general purpose of this Zone is to permit redevelopment of the Site
located at Lot B, Block 9, Plan 1919RS satisfying the objectives of the
Riverside Meadows Area Redevelopment Plan. Redevelopment of the Site
is for compatible uses in accordance with the Riverside Meadows Overlay
Zone to ensure integration with the existing surrounding Residential and
Adjacent school Site.
11.260.2
The boundaries of DC(26) are as outlined in Map K16.
11.260.3 Permitted Uses
11.260.3.1
Accessory Building
11.260.3.2
Building Sign
11.260.3.3
Supportive Living Accommodation
11.260.4 Discretionary Uses
11.260.4.1
Apartment (Seniors Lodge)
11.260.4.2
Day Care Facility
11.260.4.3
Duplex
11.260.4.4
Educational Institution - Primary and Secondary
11.260.4.5
House
11.260.4.6
Physical Rehabilitation Centre
11.260.4.7
Show Home
11.260.4.8
Townhouse
Regulations
11.260.5
Development should follow the R-M (Residential Medium Density) Zone
regulations.
11.260.6
The maximum height is 2 storeys or 10.0m.
11.260.7
All Development must comply with the design regulations provided in the
Riverside Meadows Overlay.
370
11.260.8
The Development Officer is the Development Authority for all uses and
Development in this Zone.
371
11.270 Direct Control Zone No. 27: DC(27)
Key Information
11.270.1
This Zone applies only to the Clearview North Neighbourhood Centre Site
to allow for a variety of Commercial, limited office, Residential, civic,
cultural, and recreational uses that primarily serve local neighbourhoods.
These uses will be distributed throughout a comprehensively designed
Development area that emphasizes sustainability and compact pedestrian-
friendly urban Development.
11.270.2
The regulations will apply to both Phase 1 and 2 of the area depicted in
Figure 11.270-1, unless otherwise specified.
Figure 11.270-1: DC(27) Phases 1 and 2
372
11.270.3 Permitted Uses
11.270.3.1
Apartment
11.270.3.2
Building Sign
11.270.3.3
Commercial Entertainment Facility
11.270.3.4
Commercial Service Facility
11.270.3.5
Day Care Facility
11.270.3.6
Freestanding Sign
11.270.3.7
Home Occupation Minor
11.270.3.8
Indoor Recreation Facility
11.270.3.9
Merchandise Sales and Rentals excluding adult oriented
merchandise
11.270.3.10 Mixed-Use Building with Commercial and with Residential above
Main Floor, with a minimum density of 35 Dwelling Units per
hectare
11.270.3.11 Open Space
11.270.3.12 Restaurant, without Drive-Through
11.270.4 Discretionary Uses
11.270.4.1
Accessory Building
11.270.4.2
Car Wash Facility on westerly +33.02m (0.310ha) of Lot 81, Block
7, Plan 102 5689 (62 Carleton Avenue)
11.270.4.3
Drinking Establishment (Adult Entertainment Prohibited)
11.270.4.4
Dynamic Fascia Sign
11.270.4.5
Dynamic Freestanding Sign
11.270.4.6
Health and Medical Services
11.270.4.7
Institutional Service Facility
11.270.4.8
Motor Vehicle Service or Repair, excluding Motor Vehicle Sales
(for Phase 2 only)
11.270.4.9
Outdoor Display or Sale of Goods
11.270.4.10 Parking Lot
11.270.4.11 Parking Structure
373
11.270.4.12 Professional Office
11.270.4.13 Restaurant with Drive-Through
11.270.4.14 Service Station
11.270.4.15 Show Home
11.270.4.16 Supportive Living Accommodation with or without Commercial
and with Residential at or above Main Floor, with a minimum
density of 35 Dwelling Units per hectare
Regulations
11.270.5
Development Authority
11.270.5.1
The Development Authority for applications for Development
approval in this Zone will be as follows:
11.270.5.1.1
the Development Authority is the Development Officer
for all applications, except as described in subsection
11.270.5.1.2;
11.270.5.1.2
City Council in the case of:
11.270.5.1.2.1
a new Building larger than 4,645m²; or
11.270.5.1.2.2
any application requiring a variance of
the Site Plan and design package greater
than 10%.
11.270.5.1.3
The Development Authority may allow variances from
the Site Plan and design package regarding individual
Building Footprints, overall landscaping, and overall
Parking where the Development Authority deems the
proposed changes to be less than 10% of what is shown
in the Site Plan and design package, and the proposed
Development complies with the General Purpose and
Uses of this Zone, and would not, in the Development
Authority's opinion, unduly impact the surrounding
area.
11.270.5.1.4
Where the Development Authority deems that a
proposed variance from the Site Plan and design
package is greater than 10% City Council will be the
Development Authority.
374
11.270.6
Concept Design
11.270.6.1
All Development in this Zone will comply with:
11.270.6.1.1
The Site Plan and design package approved by Council,
which will comply with the regulations of this Zone and
describe in detail the following aspects of
Development:
11.270.6.1.1.1
Buildings;
11.270.6.1.1.2
landscaping;
11.270.6.1.1.3
architecture;
11.270.6.1.1.4
Public Spaces;
11.270.6.1.1.5
Parking;
11.270.6.1.1.6
pathways and roadways; and
11.270.6.1.1.7
Signs.
11.270.6.1.2
The Key Elements listed in subsection 11.270.8; and
11.270.6.1.3
The Neighbourhood Centre Concept Design set out in
the following sketch.
375
Figure 11.270-2: DC(27) Neighbourhood Centre Concept Design
376
11.270.7
General Design Guidelines
11.270.7.1
The Site Plan, relationship between Buildings, structures and Open
Space, architectural treatment of Buildings, provision and
architecture of landscaped Open Space, Parking layout, and all
other regulations will be subject to approval by the Development
Authority, which may impose, as a condition of approval of any
Development, regulations as are reasonably necessary to ensure
the Development will create the character of the envisioned
Neighbourhood Centre Zone and achieve the following objectives:
11.270.7.1.1
abide by the East Hill Major Area Structure Plan and the
corresponding Neighbourhood Area Structure Plans in
the mixed-use area;
11.270.7.1.2
abide by the East Hill Town Centre Design Guidelines;
11.270.7.1.3
abide by the Parking regulations of the Zoning Bylaw;
11.270.7.1.4
reflect the objective of capturing a blend of office,
higher density Residential and Commercial in a
pedestrian friendly environment;
11.270.7.1.5
where the Development is Adjacent to Sidewalks or
Walkways, have a design of front, side and rear Façade
which are of comparable architectural treatment;
11.270.7.1.6
meeting the following Building Height regulations:
Storeys
Regulations
Minimum
2 storeys or 6.5m (or such other lower minimum
height which may be established by City Council for
Buildings under 696.77m2)
Maximum
8 storeys or 38.5m, except where Adjacent to single
family Buildings in which case the maximum will be
4 storeys or 19.2m
Greater than 4 Storeys
In the case of Buildings Adjacent to a public or
private Sidewalk or park, the Façade of the 5th storey
and above will be stepped back a minimum of 1.0m
from the lower storeys, to maintain a human scale
Equal to 4 Storeys
Buildings that are 4 storeys tall will treat the 3rd and
4th storeys with materials and colours which are
different, from but complementary with, the 1st and
377
11.270.8
Key Elements
11.270.8.1
Each of the Key Elements in the Neighbourhood Centre Concept
Design is prioritized from 1 (highest) to 6 (lowest). In instances
where the suggested characteristics of 1 or more elements
contradict, priority is given to the highest priority.
11.270.8.2
Hard Surface Public Spaces: Priority 1
11.270.8.2.1
The purpose is to facilitate a place for social interaction
such as: gathering, public entertainment, displays,
markets, or similar activities. At minimum, these spaces
will be placed wherever the main Pedestrian
Promenade intersects with 1 or more pathways. In
general, wherever multiple pathways intersect a public
space will be considered.
11.270.8.2.2
There must be at least 2 hard surface public spaces:
11.270.8.2.2.1
1 that acts as a gateway in the general
vicinity of the southwest corner of the
Site;
11.270.8.2.2.2
1 located at the point (a relatively
central location) where the Regional
Trail Pathway intersects with the
Pedestrian Promenade.
11.270.8.2.3
These spaces should include permanent or dynamic
public art exhibitions, water fountains, monuments, or
any human scale physical component adding a unique
character to the space. Street furniture such as benches
and tables may be added as permanent features to the
space, but the temporary addition is possible.
11.270.8.2.4
These spaces will be defined by Adjacent Buildings,
creating an "outdoor room", where Building "Façades"
act as walls. Adjacent Building Façades will address the
space with some or all the following elements:
11.270.8.2.4.1
entrances or doorways;
2nd storeys
Less than 4 Storeys
N/A
378
11.270.8.2.4.2
windows;
11.270.8.2.4.3
patios; or
11.270.8.2.4.4
clearly defined and architecturally
interesting corridors leading to any of
the aforementioned elements.
11.270.8.2.5
Ground surface will primarily be made of hard materials
such as stone, brick or concrete. Plants or vegetation
may be used intermittently throughout to add
character and soften the environment.
11.270.8.2.6
Trees may be incorporated to provide shelter from the
elements throughout the year.
11.270.8.2.7
These spaces will be clearly connected, physically or
visually, to other public spaces and Residential uses via
at least 2 of the following linkages:
11.270.8.2.7.1
the pedestrian promenade;
11.270.8.2.7.2
the regional trail pathway;
11.270.8.2.7.3
local pedestrian pathways; or
11.270.8.2.7.4
vehicle pedestrian pathways.
11.270.8.2.8
If 1 of the aforementioned pathways terminates in a
public space, the visual terminus will be treated with a
significant physical element creating a vista. Examples
of these significant physical element are: an
architecturally significant building or building feature, a
monument, sculpture, etc.
11.270.8.2.8.1
If there is a significant natural element
at the terminus, then that natural
feature may be used as the significant
physical element.
11.270.8.3
Pedestrian Promenade: Priority 2
11.270.8.3.1
The purpose draws people into the Site, connecting
local off the Site and on the Site Residential populations
with local amenities, business, and activities. The
promenade also acts as the "spine" of the
neighbourhood town centre from which the rest of the
379
neighbourhood town centre and greater community
can be accessed.
11.270.8.3.2
The Pedestrian Promenade will be anchored at the
southwest corner of the Site by a hard surface public
space, runs through the centre of the Site, and will
anchor in the north and northeast corner of the Site.
11.270.8.3.3
Adjacent Building Façade address the space via some or
all the following elements:
11.270.8.3.3.1
entrances or doorways;
11.270.8.3.3.2
windows;
11.270.8.3.3.3
patios; or
11.270.8.3.3.4
clearly defined and architecturally
interesting corridors leading to any of
the aforementioned elements.
11.270.8.3.4
The ground surface of this space is primarily made of
hard materials such as stone, brick, concrete or
creatively treated asphalt. Plants or landscaping may be
used intermittently throughout the space to add
character and to soften the environment.
11.270.8.3.5
Trees line the corridor providing shelter from the
elements throughout the year.
11.270.8.3.6
This space may include features such as permanent or
dynamic public art exhibitions, water fountains,
monuments, or any human scale physical component
adding a unique character to the space.
11.270.8.3.7
Places to sit must be frequently provided via street
furniture or landscaping.
11.270.8.3.8
Where any other major pathway intersects this space,
information will be provided directing people to
amenities, businesses, and activities. This information
may be provided via Signs, kiosks, small vendors etc.
11.270.8.3.9
This space may also be used as a place for social
interaction providing a space for activities such as:
380
recreation, gathering, public entertainment, displays,
markets and similar activities.
11.270.8.4
Regional Trail Pathway: Priority 3
11.270.8.4.1
The purpose is for continuing the existing regional trail
system.
11.270.8.4.2
The Regional Trail Pathway will be anchored by 2 small
welcoming spaces and connect the existing trail system
to the future Development to the east. These spaces
will be landmarks drawing people into the Site. Each
anchor space will be at relatively opposite ends of the
Site, with 1 in the general vicinity of the northwest
corner.
11.270.8.4.3
Vegetation is used continuously throughout the
pathway clearly distinguishing it as the "regional green
path system." This vegetation may include but is not
limited to: trees, shrubs, and grass.
11.270.8.4.4
Places to sit are intermittently provided via street
furniture or landscaping.
11.270.8.4.5
Where any other major pathway intersects this space,
information is provided directing people to amenities,
businesses, and activities. This information may be
provided via Signs, kiosks, small vendors etc.
11.270.8.4.6
Where possible, Adjacent Building Façades should
address the pathway via some or all the following
elements:
11.270.8.4.6.1
entrances or doorways;
11.270.8.4.6.2
windows;
11.270.8.4.6.3
patios; or
11.270.8.4.6.4
clearly defined and architecturally
interesting corridors leading to any of
the aforementioned elements.
11.270.8.4.7
Plants or vegetation may be used intermittently
throughout the space to add character and to soften
the environment.
381
11.270.8.5
Open Green Spaces: Priority 4
11.270.8.5.1
The purpose is to be an alternative to a hard surface
public space to enjoy a more "natural" setting. Physical
elements may include existing natural features or
constructed features.
11.270.8.5.2
In general, wherever multiple pathways intersect there
is potential for an open green space or any form of
public space.
11.270.8.5.3
These spaces will be Adjacent to Buildings that address
the space via some or all the following elements:
11.270.8.5.3.1
entrances or doorways;
11.270.8.5.3.2
windows;
11.270.8.5.3.3
patios; or
11.270.8.5.3.4
clearly defined and architecturally
interesting corridors leading to any of
the elements.
11.270.8.5.4
Adjacent Buildings will at minimum overlook the spaces
through windows providing a perceived surveillance of
the spaces.
11.270.8.5.5
Places to sit will be sporadically provided via street
furniture or landscaping.
11.270.8.5.6
Landscaping should at minimum contain some aspects
of the local natural environment or be entirely native to
Red Deer or Alberta.
11.270.8.5.7
These spaces may include features such as permanent
or dynamic public art exhibitions, water fountains,
monuments, or any human scale physical component
adding a unique character to the space.
11.270.8.5.8
These spaces may also be used for social interaction
providing a space for activities such as recreation,
gathering, public entertainment, displays, markets, etc.
382
11.270.8.6
Vehicle Pathways: Priority 5
11.270.8.6.1
Vehicle pathways will provide non-curvilinear direct
two-way access for motorized vehicles, to the
neighbourhood centre amenities, activities, businesses,
transit stops and Parking.
11.270.8.6.2
There must be a minimum of 1 access point on the west
edge of the Site and 1 at the south edge of the Site to
the satisfaction of Engineering Services.
11.270.8.6.3
When possible, street Parking should be provided.
11.270.8.6.4
Where any major pathway intersects with the vehicle
pathway, pedestrians are given priority via crosswalks.
These pathways may also consist of pedestrian oriented
Sidewalks separated from the vehicle path by
boulevards.
11.270.8.6.5
Boulevards will contain some or all the following
physical elements:
11.270.8.6.5.1
lighting fixtures;
11.270.8.6.5.2
trees;
11.270.8.6.5.3
Signs; or
11.270.8.6.5.4
similar elements.
11.270.8.6.6
Sidewalks and boulevards are at minimum on 1 side of
the right of way at all points.
11.270.8.6.7
Where possible, Adjacent Building Façades should
address the right of way via some or all the following
elements:
11.270.8.6.7.1
entrances or doorways;
11.270.8.6.7.2
windows;
11.270.8.6.7.3
patios; or
11.270.8.6.7.4
clearly defined and architecturally
interesting corridors leading to any of
the elements.
383
11.270.8.6.8
Plants or vegetation may be used intermittently
throughout the space to add character and to soften
the environment.
11.270.8.7
Local Pedestrian Pathways: Priority 6
11.270.8.7.1
These pathways will provide direct access for
pedestrians to the neighbourhood town centre
amenities, public spaces, activities, businesses, and
Parking areas.
11.270.8.7.2
These pathways will be defined throughout the
neighbourhood town centre via consistent ground
material treatment, lighting, Signs and when possible,
boulevards containing trees.
11.270.8.7.3
Where possible, Adjacent Building Façades should
address the pathway via some or all the following
elements:
11.270.8.7.3.1
entrances or doorways;
11.270.8.7.3.2
windows;
11.270.8.7.3.3
patios; or
11.270.8.7.3.4
clearly defined and architecturally
interesting corridors leading to any of
the elements.
11.270.8.7.4
Plants or vegetation may be used intermittently
throughout the space to add character and to soften
the environment.
11.270.9
General Land Use
11.270.9.1
Primarily Residential Area
11.270.9.1.1
This general area will consist of Residential uses.
Commercial uses will be considered on the ground floor
in this area.
11.270.9.1.2
When a building in this area is Adjacent to a public
space, or a pathway, the fronting walls or surface must
address the space or pathway via some or all the
following elements:
384
11.270.9.1.2.1
entrances or doorways;
11.270.9.1.2.2
windows;
11.270.9.1.2.3
patios; or
11.270.9.1.2.4
clearly defined and architecturally
interesting corridors leading to any of
the elements.
11.270.9.2
Primarily Retail Commercial
11.270.9.2.1
This general area will consist of Commercial uses. Office
uses serving the local area are encouraged throughout
this area. Residential uses should be considered above
the ground floor.
11.270.9.2.2
When a building in this area is Adjacent to a public
space, or a pathway, the fronting walls or surface must
address the space or pathway via some or all the
following elements:
11.270.9.2.2.1
entrances or doorways;
11.270.9.2.2.2
windows;
11.270.9.2.2.3
patios; or
11.270.9.2.2.4
clearly defined and architecturally
interesting corridors leading to any of
the elements.
385
11.280 Direct Control Zone No. 28: DC(28)
Key Information
11.280.1
As directed in the Greater Downtown Action Plan, the general purpose of
this area will be to facilitate the Development of a distinctive urban
neighbourhood with a high-quality pedestrian environment, medium to
high density Residential, and mixed-use Residential and Commercial land
uses;
11.280.2
Residential Development may occur on the upper floors of Main Floor
Commercial along the 53 Avenue pedestrian spine.
11.280.3
Land uses are to serve The City and the region.
11.280.4
This Zone is created as an interim measure to guide Development in the
Railyards neighbourhood while awaiting the preparation of an Area
Redevelopment Plan.
11.280.5
The boundaries of DC(28) are outlined in Maps L15, L16, M14, and M15
11.280.6 Permitted Uses
11.280.6.1
Building Sign
11.280.6.2
Dwelling Units above the Main Floor
11.280.6.3
Freestanding Sign
11.280.6.4
Hotel
11.280.6.5
Merchandise Sales and Rentals on the ground floor; excluding:
11.280.6.5.1
Adult oriented merchandise and entertainment;
11.280.6.5.2
Fuel;
11.280.6.5.3
Pawn shops; and
11.280.6.5.4
Motor vehicles
11.280.6.6
Multiple family Building
11.280.6.7
Multi-attached Dwelling Unit Building
11.280.6.8
Office above the ground floor
11.280.6.9
Restaurants (No Drive-Through)
11.280.7 Discretionary Uses
386
11.280.7.1
Accessory Building
11.280.7.2
Accessory Use
11.280.7.3
Any Development legally existing or legally approved prior to the
passing of this Bylaw considered to be a Discretionary Use duly
approved by the Development Authority
11.280.7.4
Commercial Entertainment Facility
11.280.7.5
Communication or Utility Facility excluding Transportation
facilities.
11.280.7.6
Commercial Service Facility (No Drive-Through)
11.280.7.7
Drinking Establishment (Adult Entertainment Prohibited)
11.280.7.8
Dynamic Fascia Sign, on Sites described in the Downtown Sign
Overlay
11.280.7.9
Dynamic Freestanding Sign, on Sites described in the Downtown
Sign Overlay
11.280.7.10 Health and Medical Services
11.280.7.11 Home Occupation Minor
11.280.7.12 Home Occupation Major
11.280.7.13 Indoor Recreation Facility
11.280.7.14 Institutional Service Facility limited to libraries, museums,
auditoriums, concert halls, colleges, schools, places of worship
or assembly, Hospitals, fire stations, police stations, court
houses
11.280.7.15 Merchandise Sales and Rentals above the Main Floor excluding:
11.280.7.15.1 Motor vehicles;
11.280.7.15.2 Fuel;
11.280.7.15.3 Pawn shops; and
11.280.7.15.4 Adult oriented merchandise and entertainment
11.280.7.16 Microbrewery
11.280.7.17 Parking Lot
11.280.7.18 Parking Structure
11.280.7.19 Professional Office on the ground floor
387
11.280.7.20 Show Home
11.280.7.21 Supportive Living Accommodations
11.280.7.22 96Deleted
11.280.7.23 97Day Care Facility
Regulations
11.280.9
Amenity Areas
11.280.9.1
Minimum Front and Side Yard Setbacks for Sites in this Zone may
be varied by the Development Authority, if the Development
Authority determines, based on the merit of each individual
96 3357/WW-2024
97 3357/QQ-2024
11.280.8
DC(28) Regulations Table
Regulations
Regulations
Floor Area
Residential minimum - Dwelling Units 37.0m2
Building Height Maximum
As approved by the Development Authority
Front Yard Minimum
3.0m
Side Yard Minimum
0.0m, when there is a constructed lane
3.8m on 1 side when there is no constructed lane
3.0m when it Abuts a Road
Rear Yard Minimum
3.0m
Landscaped Area
15% Site Area
Parking
General Parking regulations apply
Loading Spaces Minimum
1 opposite each loading door, with a minimum of 1
Site Area Minimum
900.0m2
Frontage Minimum
20m
388
Development, that encroachment into the Setback area facilitates
pedestrian enhancements that meet the following criteria:
11.280.9.1.1
Development in the Setback area is non-structural.
11.280.9.1.2
Space allows for pedestrian amenities such as
Walkways, Sidewalks, bicycle routes, green spaces and
landscaping, urban sculptures and benches or other
street furniture.
11.280.9.1.3
Special design elements featuring unique Building
entrances or Façades, non-structural columns,
canopies, porches and balconies, special lighting, or
street-oriented Signs.
11.280.9.1.4
Considers the unique character of an area.
11.280.9.1.5
Creates a visually interesting and compatible
relationship with the Road and adjoining Buildings, and
provides a continuous pedestrian streetscape or
pedestrian or public amenity such as an outdoor café,
Courtyard or garden.
11.280.10 98Deleted
11.280.11 Site Development
11.280.11.1 All regulations, Site Plan, Site access, relationship between
Buildings, structures and Open Space, architectural treatment of
any Building, provision and architecture of Landscaped Areas, and
Parking layout will be subject to approval by the Development
Authority.
11.280.12 General Design Purpose
11.280.12.1 The Development Authority may impose as a condition of approval
of any Development or redevelopment, regulations as reasonably
necessary to ensure Development will create the character
envisioned for the Railyards neighbourhood in the Greater
Downtown Action Plan, and achieve the following objectives:
11.280.12.1.1 encourage medium to high-density Residential and
mixed-use Residential and Commercial land uses;
98 3357/WW-2024
389
11.280.12.1.2 promote Residential Developments on the upper floors
of ground floor Commercial along 53 Avenue;
11.280.12.1.3 promote the enhancement of 53 Avenue as a
"complete street" with Sidewalks, a dedicated bike
lane, street furniture, and high-quality landscaping.
11.280.13 99Deleted
99 3357/WW-2024
390
11.290 Direct Control Zone No. 29: DC(29)
Key Information
11.290.1
The general purpose of this Zone is to facilitate the subdivision of an
existing 1.49 ha acreage parcel legally described as Lot 4, Block 1, Plan 952
2947 located in the NE 34-38-27-W4 into 2 separate Sites.
11.290.2
This Zone allows proposed Lot 1 to contain the existing residence on the
Site and proposed Lot 2 to be reserved as a future Development Site to be
developed in accordance with a landowner prepared and Council approved
Neighbourhood Area Structure plan for the area.
Figure 11.290-1: DC(29) Subdivision Plan
391
11.290.3 Permitted Uses (Lot 1, ±0.39 ha)
11.290.3.1
House
11.290.4 Permitted Uses (Lot 2 ±1.1 ha)
11.290.4.1
Agriculture
11.290.4.2
Greenhouse, landscaping nursery or tree farm including ancillary
sales
11.290.5 Discretionary Uses (Lot 1, ±0.39 ha)
11.290.5.1
Accessory Building
11.290.5.2
Home Occupation Minor - office only
11.290.5.3
Show Home
11.290.6 Discretionary Uses (Lot 2, ±1.1 ha)
11.290.6.1
Accessory Building
11.290.6.2
Extraction from the ground of petroleum, minerals, sand and
gravel, peat moss and topsoil.
Regulations
11.290.7
DC(29) Regulations Table
Regulations
Requirements
Floor Area Minimum
House 75.0m2
Building Height Maximum
House - 10m measured from the average of the Site
Grade
Any other Development - subject to Development
Authority approval
Accessory Building Maximums
1 storey or 4.5m in height, and floor area a maximum
40% of the Main Floor area of the Principal Building
Front Yard Minimum
15m
Side Yard Minimum
7.5m
Rear Yard Minimum
7.5m
392
11.290.8
Development Officers are the Development Authority for all uses and
Development in this DC Zone.
Landscaped Area
35% of Site Area
Parking
General Parking regulations apply
Site Area & Frontage Minimum
As identified in Figure 11.290-1
Access to Lot 1
Interim mutual access easement or agreement across
Lot 2 only until such time as alternative direct access
is available to a Road based on an approved NASP
393
11.300 Direct Control Zone No. 30: DC(30)
Key Information
11.300.1
The purpose of this Zone is to provide for Development associated with the
Red Deer Golf and Country Club within identified areas, compatible with
Adjacent Residential neighbourhoods and Waskasoo Park.
11.300.2 Permitted Uses
11.300.2.1
Accessory Buildings and uses directly related to the golf course
within the areas identified in Figure 11.300-1.
11.300.2.2
Golf course within the areas identified
11.300.3 Discretionary Uses
N/A
Regulations
11.300.4
Development Officers are the Development authority for all uses and
Development in this Zone Figure 11.300-1.
11.300.5
All regulations including Site Plans, Site accesses, relationship between
Buildings, structures and Open Space, architectural treatment of any
Building, provision and architecture of Landscaped Areas, outdoor lighting,
buffering or Screening (sightlines or noise) and Parking layout will be
subject to approval by the Development Authority.
11.300.6
No vegetation is to be removed from the 10.0m buffer strip identified in
Figure 11.300-1.
11.300.7
Outside the 10.0m buffer strip, healthy trees, as determined by the City,
may only be moved or removed in conjunction with approval by the
Development Authority issued through a permit.
394
Figure 11.300-1: DC(30) Area and 10m Buffer Area
DC(30) Area
395
11.310 Direct Control Zone No. 31: DC(31)
Key Information
11.310.1
To allow for the integrated redevelopment of a school facility Adjacent to a
public park and escarpment area. It is recognized the school and the park
will each benefit from their proximity to the other, and the uses can be
seamlessly integrated in the Zone.
11.310.2
The Site is designed to be compatible with Adjacent land uses while
preserving and protecting the park spaces and the environmentally
sensitive land in escarpment area.
11.310.3
Future amenities proposed in the Kin Kanyon Concept Plan are compatible
with the natural characteristics of the Site encompassed by DC(31). The
Zone protects environmentally sensitive land in the escarpment area by
restricting Development to minimal and environmentally compatible uses.
11.310.4
DC(31) applies to Lot R Plan 1621NY and Block 5 and Plan 3935HW, at the
corner of 49 Avenue and 35 Street, as shown on Map M13.
11.310.5 Permitted Uses
11.310.5.1
Building Sign
11.310.5.2
Concession booths for the sale of food or beverages to members
and guests of a group approved under this table
11.310.5.3
Cultural Facility
11.310.5.4
Freestanding Sign
11.310.5.5
Indoor or Outdoor Recreational Facility, provided the use is
compatible with the natural characteristics of the Site
11.310.5.6
Open Space
11.310.5.7
Parking ancillary to any Permitted Use or Discretionary Use
11.310.5.8
Picnic areas or Open Space facilities for the use by the public
11.310.5.9
Professional Offices, for community-oriented groups which have
recreation as part of their programs
11.310.5.10 Public Assembly
11.310.5.11 School (Francophone)
396
11.310.6 Discretionary Uses
11.310.6.1
Accessory Building
11.310.6.2
Any Accessory Uses approved by City Council
11.310.6.3
Electronic Message Fascia Sign
11.310.6.4
Electronic Message Freestanding Sign
11.310.6.5
School
11.310.6.6
Utilities
Regulations
11.310.7
City Council is the Development Authority for any new Principal Buildings or
Accessory Uses on the Site.
11.310.8
Development Officers are the Development Authority for all Permitted and
Discretionary Uses and Signs in or on existing Buildings on the Site.
11.310.9
In exercising its approval powers, the Development Authority will ensure
that Development is compatible with the Adjacent land uses and that
efforts are taken to preserve and protect park space in the Zone.
11.310.10 In this Zone, the general regulations of the Bylaw apply unless specific
regulations for the Zone provide otherwise.
11.310.11 At 4716 34 Street on Lot R Plan 1621NY the following regulations apply:
11.310.11.1 trees must not be cut, felled or removed without prior approval of
Council;
11.310.11.2 the Kin Kanyon Park amenities will be developed based on the Kin
Kanyon Concept Plan, subject to layout changes needed for the
redevelopment of the Francophone school;
11.310.11.3 no aggregate extraction will be allowed;
11.310.11.4 where possible, Parking facilities will be shared with Parking
required for the school to reduce the impact to park space.
11.310.12 At 4810 35 Street on Block 5 and Plan 3935HW the following regulations
apply:
397
Front Yard Minimum
Subject to the Development Authority
Side Yard Minimum
Subject to the Development Authority
Rear Yard Minimum
Subject to the Development Authority
Landscaped Area
Subject to the Development Authority
Parking Spaces
General Parking regulations apply
Loading
Subject to the Development Authority
11.310.13 The Site Plan, relationship between Buildings, structures and Open Space,
architectural treatment of Buildings, provision and architecture of
landscaped Open Space, and Parking layout will be subject to approval by
the Development Authority.
11.310.14 Development Officers may permit alterations to the plans approved by
Council, where the alterations are considered by the Development Officers
to be minor in scale or will result in an equal or greater standard of
Development than what was approved by Council.
398
11.320 Direct Control Zone No. 32: DC(32)
Key Information
11.320.1
DC(32) applies to the area as shown in Figure 11.320-1 of this Bylaw.
11.320.2
The purpose of this Zone is to identify and mitigate significant
environmental hazards or risks affecting the Westlake lands, formerly
known as Riverview Park.
11.320.3
Various Reports have been completed for Westlake and the Adjacent Red
Deer River escarpment or slopes such as the 2003, 2012, 2014, and 2017
studies by ParklandGeo, and have identified the following relevant and
significant hazards or risks:
11.320.3.1
river erosion of the toe-of-slope or escarpment;
11.320.3.2
planes of weakness in the subsoil or bedrock;
11.320.3.3
slope erosion, landslides and slumping;
11.320.3.4
the lower slope of the escarpment is considered "marginally
stable";
11.320.3.5
the upper slope of the escarpment is considered "unstable" and
subject to natural regression - the present slope will regress even
with the stabilized toe-of-slope;
11.320.3.6
destabilizing and variable natural springs below the Crest of the
escarpment;
11.320.3.7
various other natural and man - made risks associated with soil
instability and slope destabilization, such as environmental
changes, variable river flow and flooding, swimming pools,
removal of vegetation, over watering, overloading, excavation,
vegetation changes, and variable ground water conditions; and
11.320.3.8
that complex subsurface and surface conditions, affect Westlake,
and may sometimes not be fully understood even using commonly
accepted practices for professional technical assessment.
11.320.4
An additional purpose of this Zone is to establish a Restricted Development
Area as identified in Figure 11.320-1 and to restrict Development to areas
of relatively lower expected risk, pursuant to the recommendations of the
March 2014 "Geotechnical Investigation, Riverview Park Development
399
Setback" and the subsequent February 2017 "Geotechnical Assessment -
2017 Riverview Park Slope Review", prepared by ParklandGeo.
11.320.5
An additional purpose of this Zone is to provide special land use criteria and
supporting regulation reflective of existing Reports and directed to
minimizing the risk of damage or loss to natural and private property or
persons as well as public lands and infrastructure.
11.320.6
Discretionary Uses where Development Officers act as Development
Authority
11.320.6.1
Accessory Building at least 10.0m from the Restricted
Development Area
11.320.6.2
All Signs, including warning Signs respecting escarpment risks or
safety
11.320.6.3
House, which is connected to all City utility services, at least
10.0m from the Restricted Development Area
11.320.6.4
House Suite
11.320.6.5
Home Occupation Minor
11.320.6.6
Home Occupation Major
11.320.6.7
Temporary Building, and
11.320.7 Discretionary Uses where Municipal Planning Commission
acts as Development Authority
11.320.7.1
Accessory Building less than 10.0m from the Restricted
Development Area
11.320.7.2
House, which is connected to all City utility services, less than
10.0m from the Restricted Development Area
11.320.7.3
Installation, connection, repair, maintenance, or replacement of
a public utility, pursuant to plans prepared by a Professional
Engineer
11.320.7.4
Parking or storage of not more than 1 Commercial vehicle or
Recreational Vehicle or Trailer of a gross vehicle weight rating
not exceeding 4,500kg
400
11.320.7.5
Stripping or grading, placement of fill, material alteration of
vegetation or existing surface drainage patterns, pursuant to
plans prepared by a Professional Engineer
11.320.7.6
Water line or underground sprinkler or irrigation system beyond
the Restricted Development Area and at least 50m from the
Crest of the escarpment, constructed in accordance with a
design prepared by a Professional Engineer and installed under
the supervision of a Professional Engineer
11.320.7.7
Water Retaining Structure beyond the Restricted Development
Area and at least 50m from the Crest of the escarpment
11.320.8 Prohibited Uses (without limiting foregoing Discretionary
Uses)
11.320.8.1
Tree removal from the ground surface or subsurface, including
but not limited to, deadfall removal, that may be detrimental or
destabilizing to the lands, neighbouring lands, the escarpment
or slopes, or Adjacent park or reserve areas
11.320.8.2
Wetting or watering of the ground surface or subsurface or
vegetation, including but not limited to, lawn, that may be
detrimental or destabilizing to the lands, neighbouring lands,
the escarpment or slopes, or Adjacent park or reserve areas;
Regulations
11.320.9
The following fundamental land use criteria applies to all lands, uses and
Developments in this Zone, except as expressly stated to be otherwise
within the exceptions:
11.320.9.1
Development, including but not limited to, Buildings, structures,
construction, major renovations, excavation, placement of fill,
ground disturbance, tree or shrub removal, stripping and grading,
is prohibited in the Restricted Development Area;
11.320.9.2
where a Site-specific professional geotechnical assessment or
other Report acceptable to the Subdivision Authority or
Development Authority has recommended a greater Development
Setback than the Restricted Development Area, the greater
Development Setback applies;
401
11.320.9.3
the Subdivision Authority or Development Authority will not
approve any subdivision or Development unless, having
considered all relevant Reports, in their opinion:
11.320.9.3.1
approval will not detrimentally impact the overall
groundwater regime or slope geometry;
11.320.9.3.2
public and private property will be reasonably safe from
the hazards of slope and soil instability as identified
through a Report; and
11.320.9.3.3
the Site at issue is suitable for the proposal considering:
11.320.9.3.3.1
all relevant Reports;
11.320.9.3.3.2
the full range of uses and Developments
existing or contemplated respecting the
subdivision or Development Permit
application and the Adjacent lands;
11.320.9.3.3.3
cumulative impacts to soil and slope
stability; and
11.320.9.3.3.4
emergency access and planning.
11.320.9.4
the following Developments will not be commenced without, and
will be carried out in accordance with, a Site-specific professional
geotechnical assessment acceptable to the Subdivision Authority
or Development Authority:
11.320.9.4.1
excavation related to the construction, repair, or
alteration of a Building or Water Retaining Structure,
other than the installation, connection, repair
maintenance or replacement of a public utility;
11.320.9.4.2
the construction or material alteration of a detached
Dwelling Unit or Garage; and
11.320.9.4.3
the construction or material alteration of an Accessory
Building or structure with a floor area of 10.0m² or
more and a height of 2.4m or more.
11.320.10 The Subdivision Authority or Development Authority must adhere to, and
has no discretion to vary, the fundamental land use criteria set out in
subsection 11.320.9 which criteria are:
402
11.320.10.1 subject to exception only as expressly set out in subsections
11.320.11, 11.320.12, and 11.320.13 of this Zone; and not subject
to variance or exception pursuant to Sections 654(2), 680(2), or
687(3)(d) of the Act.
11.320.11 Regardless of the fundamental use criteria set out in subsection 11.320.9.1
of this Zone, the following Developments may be considered for approval
by the Subdivision Authority or Development Authority in the Restricted
Development Area and will be carried out pursuant to the terms and
conditions of a subdivision approval or Development Permit:
11.320.11.1 the erection of warning Signs respecting escarpment risk or safety;
11.320.11.2 the installation, connection, repair, maintenance or replacement of
a public utility;
11.320.11.3 the material repair or minor alteration of the following, if
constructed prior to September 15, 2014:
11.320.11.3.1 a detached Dwelling Unit (which is connected to all City
utility services) or associated retaining wall; and
11.320.11.3.2 a Water Retaining Structure, at least 50.0m from the
Crest of the escarpment and subject to installation of
an acceptable leak detection system and provided there
is no discharge toward the escarpment, slope or
Adjacent park or reserve areas.
11.320.11.4 the stripping or grading, placement of fill, material alteration of
vegetation, or existing or natural surface drainage patterns related
to the demolition or relocation of a detached Dwelling Unit or
Water Retaining Structure constructed prior to September 15,
2014, and pursuant to plans prepared by a Professional Engineer.
11.320.12 The Subdivision Authority or Development Authority may consider Site
Boundary adjustment or consolidation of title for the purpose of enlarging
the potential building area while not increasing the number of registered
Sites.
11.320.13 These exceptions remain subject to all other regulations of this Zone.
11.320.14 Development Regulations
11.320.14.1 The regulations of this Zone governs where a conflict or
inconsistency between this Zone and any other regulations of this
Bylaw emerges.
403
11.320.14.2 The Subdivision Authority or Development Authority will not be
bound by the regulations set out in other Parts of the Bylaw.
11.320.14.3 General Residential Regulations in the Bylaw do not apply to this
Zone except for section 3.330.
11.320.14.4 This Zone will adhere to the Part 4 Specific Use Regulations for
Single-client Home Business, Home Occupation Major, and House
Suites.
11.320.14.5 Any Site grading will be designed to drain surface water away from
the escarpment.
11.320.14.6 Any Water Retaining Structures, water lines, underground
sprinklers or irrigation systems will be installed with an acceptable
leak detection system and monitored and maintained by the
landowner to ensure proper operation and no unauthorized
leakage, and directed away from the escarpment, slope, or
Adjacent park or reserve areas.
11.320.14.7 All discharge from roof leaders and weeping tile systems will be
directed away from the escarpment or to professionally
engineering drainage pathways such as asphalt or half culvert drop
structures.
11.320.14.8 New vegetation should be selected from native types with deep
root systems that can grow with a minimum of watering.
11.320.14.9 Upon connection to City utility services, private services such as
septic system, groundwater well, and associated water lines will be
removed, abandoned, closed-in and reclaimed, as applicable,
pursuant to the City's Utility Bylaw.
11.320.14.10 Where existing residences are relocated, former basements in the
Restricted Development Area will be filled pursuant to the design
and supervision of a Professional Engineer.
11.320.14.11 Lot depth will be a minimum of 40.0m.
11.320.14.12 Frontage will be a minimum of 22.0m.
11.320.14.13 In considering a subdivision or Development Permit application,
the Subdivision Authority or Development Authority will have
discretion, subject to the land use constraints set out in this Zone,
to determine the Site Plan, Parking regulations, architectural
treatment of buildings, and the relationship between Buildings,
404
structures, and Open Space. Without limiting the foregoing, the
following regulations apply to the location of Buildings unless
varied by the Subdivision Authority or Development Authority:
11.320.14.13.1 Site Coverage maximum of 40% (including Garage and
Accessory Buildings);
11.320.14.13.2 Front Yard Setback minimum of 6.0m;
11.320.14.13.3 Side Yard Setback minimum of 1.5m; and
11.320.14.13.4 Rear Yard minimum Setback of 7.5m (except as
required by the land use constraints of this Zone - e.g.
subject to Site specific geotechnical, the Restricted
Development Area).
11.320.15 Authority
11.320.15.1 Respecting this Zone and all lands therein, all applications for
subdivision approval or Development Permit will be evaluated on
their merits by the Subdivision Authority or Development
Authority.
11.320.15.2 Without limiting the foregoing, but subject to the land use
constraints set out in this Zone, the Subdivision Authority or
Development Authority may, as regards any application for
subdivision approval or Development Permit, impose conditions of
approval or requirements the Subdivision Authority or
Development Authority determines are reasonable.
11.320.16 Considerations and Conditions of the Subdivision or Development
Authority
11.320.16.1 The Subdivision Authority or Development Authority may impose
conditions of approval or requirements per subsection
11.320.15.2, having considered:
11.320.16.1.1 the purposes and other regulations of this Zone;
11.320.16.1.2 the uniqueness of the lands such as the relevant
environmental or man-made hazards or risks, and
existing Developments; and
11.320.16.1.3 the suitable scale of Residential Development should be
reviewed on a case-by-case basis and considering Site-
specific geotechnical recommendations.
405
11.320.16.2 The Subdivision Authority or Development Authority may impose
conditions of approval or requirements including, but not limited
to the following:
11.320.16.2.1 providing a Real Property Report during preliminary
construction indicating the Building is beyond the
Restricted Development Area, or more than 50m from
the Crest or in accordance with any accepted Report or
Site Plan;
11.320.16.2.2 the applicant meets or exceeds the recommendations
of any applicable Report and the requirements of any
restrictive covenant registered against the lands
respecting maintenance of slope stability;
11.320.16.2.3 providing emergency access;
11.320.16.2.4 providing ongoing monitoring programs and related
access to the land for such monitoring such as slope
monitoring or subsurface exploration data derived from
appropriate geotechnical drilling;
11.320.16.2.5 increased Site-specific Setbacks for fire protection and
mitigation due to elevated risks of fire;
11.320.16.2.6 a post construction certificate from a relevant
professional such as a Professional Engineer, Registered
Architect, or an Alberta Land Surveyor as determined
by the Subdivision Authority or Development Authority,
confirming any or all the following:
11.320.16.2.6.1
the Development is located beyond the
Restricted Development Area or located
and constructed in accordance with any
Site Plan or Report accepted by the
Subdivision Authority or Development
Authority;
11.320.16.2.6.2
compliance with an accepted
professional lot grading plan; and
11.320.16.2.6.3
that proposed and existing Grades have
been professionally certified.
406
11.320.16.2.7 the connection of roof leaders (downspouts) and House
weeping tiles (foundation service) into storm systems, if
available;
11.320.16.2.8 no direction of stormwater or overland drainage onto
neighbouring properties (including but not limited to
Adjacent park, reserve land, escarpment, or slopes);
11.320.16.2.9 providing erosion and sediment control measures
during construction;
11.320.16.2.10 that Buildings have non-combustible exterior finishes or
acceptable fire-retardant material treatment;
11.320.16.2.11 conditions to minimize erosion and to stabilize soil
conditions;
11.320.16.2.12 that any Development be designed and constructed
using materials, processes, or techniques intended to
minimize slope risks or instability;
11.320.16.2.13 the applicant and any current or future user or
landowner of the Site enter into an Indemnity
Agreement with the City respecting environmental risks
including, but not limited, slope instability; and
11.320.16.2.14 the applicant enters and comply with an agreement
with the City respecting those matters set out in
Sections 650, 655 and 651 of the Act or described in
section 2.130 of the Zoning Bylaw (a Development
agreement).
11.320.17 Development Permits
11.320.17.1 Except as expressly stated otherwise in this Zone, a Development
Permit is required for any Development in this Zone.
11.320.17.2 Regardless of the foregoing, and provided the Development
otherwise complies with the regulations of this Zone, no
Development Permit is required for the following Development:
11.320.17.2.1 the temporary storage of construction material on or
Adjacent to where a Building is being erected or
altered;
407
11.320.17.2.2 the construction of a fence for a Residential
Development; and
11.320.17.2.3 up to 5 flow collectors (rain barrels) attached to
authorized roof leaders, each collector having storage
capacity of less than 420 litres.
408
Figure 11.320-1: DC(32) Restricted Development Area
409
11.330 Direct Control Zone No. 33: DC(33)
Key Information
11.330.1
The purpose of this Zone is to allow for the operation of the Central Alberta
Women's Emergency Shelter with Accessory Uses that provide support
services for users, including immediate shelter, short-term accommodation,
offices directly related to the function of the Emergency Shelter,
counselling, kitchen facilities, and outreach programs.
11.330.2
This Zone also allows small-scale Commercial uses on the Main Floor for
complimentary Commercial uses for Emergency Shelter users and the
public.
11.330.3
Permitted Uses
11.330.3.1
Accessory Building
11.330.3.2
Building Sign
11.330.4
Discretionary Uses
11.330.4.1
Accessory Use
11.330.4.2
Commercial Service Facility, as an accessory to an Emergency
Shelter
11.330.4.3
Day Care Facility, as an accessory to an Emergency Shelter
11.330.4.4
Emergency Shelter
11.330.4.5
Merchandise Sales and Rentals as an accessory to an Emergency
Shelter excluding:
11.330.4.5.1
Industrial goods;
11.330.4.5.2
Motor vehicles;
11.330.4.5.3
Machinery;
11.330.4.5.4
Cannabis Retail Sales;
11.330.4.5.5
Liquor, Beer, and Wine sales;
11.330.4.5.6
Fuel; and
11.330.4.5.7
All uses where the primary focus is adult orientated
merchandise or entertainment)
410
11.330.4.6
Restaurant (excluding Liquor, Beer, and Wine sales), as an
accessory to an Emergency Shelter
Regulations
11.330.5
The Development Authority for applications for Development Approval in
this Zone will be as follows:
11.330.5.1
the Development Officer for a Permitted Use meets the
regulations of this Zone; and
11.330.5.2
the Municipal Planning Commission for all other Development
Permit applications.
11.330.6
Prior to the Municipal Planning Commission considering a Development
Permit application for any Discretionary Use in this Zone, the Development
Officer will send a notice to all landowners of Sites within 100m of the
boundary of this Zone advising of the Development Permit application and
providing them a date by which to provide written comments.
11.330.7 DC(33) Regulations Table
Floor Area
As determined by the Development Authority
Commercial Service Facility,
Merchandise Sales, and Restaurant
Floor Area Maximum
185m2- Limited to the Main Floor of the Principal
Building
Site Coverage
As determined by the Development Authority
Building Height Maximum
4 storeys
Front Yard Minimum
As determined by the Development Authority
Side Yard Minimum
As determined by the Development Authority
Rear Yard Minimum
As determined by the Development Authority
Landscaped Area
15% of the Site Area
Parking
General Parking regulations apply
Loading Spaces
Subject to subsection 3.320.1.1
11.330.8
The principles of Crime Prevention Through Environmental Design applies
to all Development in this Zone.
411
11.330.9
Any Development in the Escarpment Area is subject to Section 2.70 of the
Bylaw.
11.330.10 Regardless of any other regulations of this Bylaw, trees must not be cut,
felled, or removed from the Site without prior approval of the Municipal
Planning Commission.
11.330.11 Building Design
11.330.11.1 The Principal Building will have equal Sidewalk interface,
architectural corner features, and high-quality elevation
treatments along 47 Avenue and 53 Street.
11.330.11.2 No street Frontage Building elevation will have any single
horizontal wall length greater than 5.0m unless it contains distinct
architectural elements such as Projections, recesses, jogs or
windows or vertical accents, to provide visual variety and interest.
11.330.11.3 More than 1 type of high-quality Building material, including but
not limited to, brick, stone, concrete, hardy board, and cement
stucco must be used in a variety of combinations for
ornamentation and articulation.
11.330.11.4 Elements which are utilitarian in nature, including but not limited
to, air conditioning units, electrical equipment, and service areas
will be Screened to the satisfaction of the Development Authority.
11.330.11.5 All Commercial uses open to the public must be on the Main Floor
of the Principal Building.
11.330.12 Building Entrances
11.330.12.1 Building entrances will be designed and architecturally treated to
emphasize the Building entrance.
11.330.12.2 Emergency Shelter entrances and entrances for Commercial uses
open to the public must be architecturally differentiated to avoid
confusion.
11.330.12.3 All Commercial uses open to the public will have their own clearly
identifiable Road level entry.
11.330.12.4 As a minimum, overhead weather protection will be provided for
pedestrians along the Building front at each Road level entry.
11.330.12.5 All Commercial uses open to the public will contain un-tinted glass
windows.
412
11.330.13 Parking
11.330.13.1 Underground Parking is encouraged. Most surface Parking will be
paved and located behind the Building in carefully designed,
landscaped lots with defined, integrated pedestrian connections to
Sidewalks and trails.
11.330.13.2 Secure outdoor bicycle racks that allow the bicycle frame to be
locked directly to the rack will be provided.
11.330.14 Landscaping
11.330.14.1 All plant material provided must be of a species capable of healthy
growth in Red Deer. Incorporation of naturescaping is required.
11.330.14.2 Applicants will use The City's Naturescaping Plant List as a guide.
11.330.14.3 Existing trees that are healthy and that have long-term viability are
to be preserved by rigid temporary protective fencing to protect
the root zone during construction, in accordance with the Contract
Specifications
11.330.15 Waste, Recycling, and Outdoor Storage
11.330.15.1 All waste containers, recycling containers, and Outdoor Storage
will be fully Screened with a solid fence, landscaping, or a
combination of both.
11.330.15.2 Sufficient space must be allotted aside from Parking regulations to
provide appropriate waste and recycling collection vehicle access.
413
11.340 Direct Control Zone No. 34: DC(34)
Key Information
11.340.1
The general purpose of this Zone is to allow for future redevelopment of
Industrial Sites to create an area of new Commercial and business service
uses combined with Residential Dwelling Units and existing Industrial uses.
New Development is intended to be compatible with the surrounding
neighbourhood to enhance the quality of life in the community.
11.340.2
All new Development must abide by the principles and objectives of the
Riverside Meadows Area Redevelopment Plan.
11.340.3
This Zone replaces the I1A/BSR District eliminated by the adoption of this
Bylaw. The boundaries of DC(34) are outlined on Map L16.
11.340.4 Permitted Uses
11.340.4.1
Apartment
11.340.4.2
Building Sign
11.340.4.3
Business Support Services, excluding Dangerous Goods
Occupancy and Oilfield Support Services, provided it takes place
in a Building existing as of July 15, 2003
11.340.4.4
Commercial Service Facility
11.340.4.5
Concession booths for the sale of food or beverages to members
and guests of a group approved under this table
11.340.4.6
Home Occupation Minor
11.340.4.7
Indoor Recreation Facility
11.340.4.8
Lot-specific Uses outlined in subsection 11.340.6
11.340.4.9
Mixed-Use Building with 1 or more of the following on the Main
Floor:
11.340.4.9.1
Professional Office;
11.340.4.9.2
Merchandise Sales and Rentals excluding adult
oriented merchandise;
11.340.4.9.3
Restaurants excluding Drive-Throughs;
11.340.4.9.4
Commercial Service Facility;
11.340.4.9.5
Financial Institutions
414
11.340.4.10 Open Space
11.340.4.11 Outdoor Recreation Facility
11.340.4.12 Parking ancillary to any Permitted or Discretionary Use
11.340.4.13 Restaurants excluding Drive-Throughs
11.340.4.14 Service and repair of goods traded in the Zone (excludes Service
Stations and car washes) approved prior to July 15, 2003
11.340.4.15 Townhouse
11.340.4.16 100Day Care Facility
11.340.5 Discretionary Uses
11.340.5.1
Accessory Building
11.340.5.2
Commercial School
11.340.5.3
Freestanding Sign
11.340.5.4
Health and Medical Services
11.340.5.5
Merchandise Sales and Rentals excluding adult oriented
merchandise
11.340.5.6
Professional Office
11.340.5.7
Service and Repair of goods traded in the Zone (excluding
Service Stations and Car Washes).
11.340.5.8
Show Home
Regulations
11.340.6
In addition to the uses listed in subsection 11.340.4, the following uses are
allowed on the Sites indicated, provided they existed prior to July 15, 2003,
and continue to meet the conditions as outlined in subsection 11.340.7:
11.340.6.1
Lot 1, Block N, Plan 1861KS may operate as a trophy, award, and
plaque production facility, production facility of promotional
products, and associated retail sales;
11.340.6.2
Lots 22 & 29, Block 17, Plan 7604S may operate as storage and
Warehouse;
100 3357/QQ-2024
415
11.340.6.3
Lots 18-21, Block 17, Plan 7604S may operate as automotive repair
and parts sales;
11.340.6.4
Lot 24, Block 17, Plan 7922177 may operate as production of
bottled water, water distribution and related sales facility;
11.340.6.5
Block H, Plan 5296HW may operate as tire and scrap metal storage
and tire repair shop and automotive parts sales;
11.340.6.6
Lot 25, Block 17, Plan 7922177 may operate as indoor air cleaning
business;
11.340.6.7
Block N, Plan 3051HW may operate as a supply, mixing of paint,
sale and distribution of automotive related finishes and parts.
11.340.7
The uses identified in subsection 11.340.6 may be allowed if they continue
to follow the following regulations:
11.340.7.1
the use does not extend further throughout the existing Building
to include a larger area of floor space of the Building than it did as
of July 15, 2003;
11.340.7.2
the use is continuous. An existing use may continue in operation if
it is not discontinued for a period of 6 consecutive months or
more. For this purpose, a discontinuance means a discontinuance
in fact, whether intended by the landowner or occupant or not;
11.340.7.3
despite subsection 11.340.7.2, the Development Authority may
issue 1 or more Development Permits time limited to no more
than 6 months each to the period of discontinuance, but no
cumulative extra time allowance totalling over 18 months will be
granted;
11.340.7.4
the operation of which meets the regulations set out in
subsections 3.210.1 and 3.210.5 of this Bylaw, and which does not
create nor emit noises, odours, dusts, fumes, or otherwise create a
nuisance;
11.340.7.5
use on 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.
11.340.8
Despite Permitted Uses outlined in subsection 11.340.4, where a legally
approved Industrial Building within this Zone in existence at the time of the
passing of this Bylaw, is partially or fully destroyed by fire or other
416
accidental means, it may be replaced for the same use and Building size as
that which was destroyed.
11.340.9 DC(34) Regulations Table
Building Height
Maximum: 3 Storeys, subject to subsection
11.340.12
Waste and recycling containers
Fully Screened with a solid fence
11.340.10 DC(34) is subject to any applicable regulations listed within General
Industrial Regulations.
11.340.11 The C-3 Zone will be used as a guideline to determine the Site regulations
within this Zone including minimum Site Area, Frontage, Setbacks, Front
Yard, Side Yard, and Rear Yards, as well as minimum Parking, loading, and
landscaping requirements, except where otherwise specified below.
11.340.12 The Development Authority may consider approval of up to 4 storeys in
special circumstances based on the requirements of the Area
Redevelopment Plan. Comments from the community association will be
considered.
11.340.13 Site Development
11.340.13.1 Within this Zone, on any properties which owe municipal reserve
at the time of subdivision, land is to be taken for reserves in
preference to cash where the land can be used for the
Development of the public Amenity Space (town square or
Commercial village) as described in the Riverside Meadows Area
Redevelopment Plan.
11.340.13.2 New Development and redevelopment must incorporate such
features as awnings, planters, and architectural treatment and
detailing compatible with surrounding Development. Buildings
should incorporate pedestrian or street-oriented design elements
such as recessed entrance ways, street level windows, awnings,
appropriate landscaping, and Parking in the rear where possible.
417
11.350 101Direct Control Zone No.35: DC (35)
DELETED
101 3357/V-2026, 3357/XX-2024
418
11.360
102Direct Control Zone No.36: DC (36)
Key Information
11.360.1
The purpose of Direct Control Zone No. 36 is to facilitate development that
provides a coordinated range of shelter, housing, and related supports and
services for individuals experiencing homelessness. The Zone is intended to
provide additional site-specific flexibility to address compatibility and
planning impacts associated with these uses in an industrial context.
11.360.2 Permitted Uses
11.360.2.1
Accessory Building
11.360.2.2
Accessory Use
11.360.2.3
Building Sign
11.360.2.4
Commercial School
11.360.2.5
Community Garden
11.360.2.6
Freestanding Sign
11.360.2.7
Government Services
11.360.2.8
Greenhouse
11.360.2.9
Health and Medical Services
11.360.2.10 Industrial or Commercial Training Facility
11.360.2.11 Information Service Provider
11.360.2.12 Lease Bay Building
11.360.2.13 Outdoor Storage
11.360.2.14 Professional Office
11.360.2.15 Security Suite
11.360.2.16 Self-Storage Facility
11.360.2.17 Transportation Services
11.360.2.18 Utilities
11.360.3 Discretionary Uses
102 3357/N-2026
419
11.360.3.1
Courtyard
11.360.3.2
Cultural Facility
11.360.3.3
Day Care Facility
11.360.3.4
Emergency Shelter
11.360.3.5
Excavation, Stripping, and Grading
11.360.3.6
Mixed-Use Building
11.360.3.7
Public Assembly
11.360.3.8
Secured Facility
11.360.3.9
Temporary Building
11.360.3.10 Temporary Care Facility
11.360.3.11 Temporary Use
11.360.3.12 Utility Facility
Regulations
11.360.4
For this Direct Control Zone, Council is the Development Authority.
11.360.5
Except as otherwise provided in DC(36), Parts 2, 3 and 4 of this Bylaw apply
and, for the purposes of those Parts, DC(36) is treated as an Industrial Zone.
DC(36) Regulations Table
Category
Regulations
Building Height
As per the Development Authority
Site Area
Minimum: 1.2ha
Front Yard Setback
9.0m
Side Yard Setback
4.0m
Rear Yard Setback
3.0m
Landscaped Area
15% of Site Area
Frontage
N/A
420
11.360.6
The existing Building, Landscaping, and Site Plan are deemed to comply
with all regulations for a change of use within the existing Building
Footprint and existing Site improvements as of the date of creation of the
Zone.
11.360.7
Regulations in this bylaw for Adjacent and Abutting Uses within the same
site do not apply to uses in this DC Zone. The internal separation of uses
must be to the satisfaction of the Development Authority.
11.360.8
Despite any regulations in this Bylaw applicable to a Day Care Facility,
whether in a residential or non-residential context, the requirements for a
Day Care Facility in DC(36) must be to the satisfaction of the Development
Authority.
11.360.9
Minimum Parking stalls requirements must be to the satisfaction of the
Development Authority.
11.360.10 Loading Space requirements must be to the satisfaction of the
Development Authority.
11.360.11 Common Amenity Space for the uses in this zone must be to the
satisfaction of the Development Authority.
11.360.12 The Screening of the site must be to the satisfaction of the Development
Authority.
11.360.13 Any development permit for an Emergency Shelter must include
operational parameters addressing the upkeep and cleanliness of the site
to the satisfaction of the Development Authority.
11.360.14 Any development permit for an Emergency Shelter must include a security
plan addressing the security of the site to the satisfaction of the
Development Authority.
421
Part 12 Overlays, Modifiers, and Character
Statements
12.10 Gaetz-Ross Heritage Area Overlay
Key Information
12.10.1
The Gaetz-Ross Heritage area is defined as all the Sites fronting onto Gaetz
Avenue from 46 Street north of, and including, the Hamilton Block at 5211
Gaetz Avenue, and all the Sites fronting onto Ross Street between, and
including, the former CP Railway Station and the Old Court House
Professional Centre building at 4838 Ross Street. This boundary is shown in
Figure 12.10-1.
Regulations
12.10.2
All building-front Development criteria applicable to C-1 Zoning applies to
Developments in the Gaetz-Ross Heritage Area Overlay.
12.10.3
Any part of a new Building higher than 2 storeys at the front Building
Façade must be stepped back a minimum of 1.2m from the front Building
Façade of the lower 2 storeys, dividing the Façade of the Building so it
matches the typically smaller, human scale of existing heritage Buildings in
the area.
12.10.4
A second storey cornice line must be architecturally accented.
12.10.5
Residential uses must only be above the Main Floor.
Overlays provide additional regulations for specific Sites or areas that prevail over
the Zone regulations for the Site in instances where a conflict emerges.
422
Figure 12.10-1: Gaetz-Ross Heritage Area Overlay
423
12.20 Parkvale Overlay
Key Information
12.20.1
This Overlay requires new Dwelling Units and Accessory Buildings in the
Parkvale neighbourhood to be sensitive to existing Development and to
maintain the character of the Immediate Road Context.
12.20.2
Requirements in this Overlay apply to:
12.20.2.1
all Residential Sites shown in Figure 12.20-1; and
12.20.2.2
the following Developments:
12.20.2.2.1
Buildings that contain a Dwelling Unit;
12.20.2.2.2
construction of new Dwelling Units;
12.20.2.2.3
enclosed structural additions to existing Dwelling Units;
and
12.20.2.2.4
Accessory Buildings.
12.20.3
If an Overlay requirement conflicts with a Developed Areas Regulations or
Zone requirement, the Overlay requirement prevails.
Regulations
12.20.4
The minimum Frontage for a House on a Site is 11.4m.
12.20.5
On Corner Sites not Abutting a lane:
12.20.5.1
vehicle access will be allowed from the Side Yard; and
12.20.5.2
attached Garages must not protrude beyond the side wall of the
Dwelling Unit.
12.20.6
Front vehicle access to Sites with rear lane access
12.20.6.1
Front vehicle access to Sites with rear lane access is not allowed
except:
12.20.6.1.1
on Block M, Plan 1528HW; Block B, Plan 257HW; and
Block B, Plan 4867, which may have a front-attached
Garage if:
12.20.6.1.1.1
the front-attached Garage does not
protrude beyond the live-in part of the
Dwelling Unit;
424
12.20.6.1.1.2
the front-attached Garage is not wider
than 4.9m including eaves;
12.20.6.1.1.3
the front Driveway is not wider than
4.3m; and
12.20.6.1.1.4
the front Driveways is developed in
conjunction with a Garage.
12.20.6.2
Front attached Garages may be designed to allow Tandem Parking
for a maximum of 2 motor vehicles.
12.20.7
For new Development, the Development Authority will consider rooflines
that complement the architectural character of the Immediate Road
Context and the preference will be for a peaked roof within the maximum
Building Height.
425
Figure 12.20-1: Parkvale Overlay
426
12.30 Riverside Meadows and West Park Overlay
Key information
12.30.1
The Riverside Meadows and West Park Overlay requirements:
12.30.1.1
implement the existing Riverside Meadows Area Redevelopment
Plan and West Park Area Redevelopment Plan, and
12.30.1.2
ensure that new Dwelling Units and Accessory Buildings in the
Riverside Meadows and West Park neighbourhoods are sensitive
to existing Development and maintain the character of the
streetscape.
12.30.2
These regulations apply to:
12.30.2.1
all Residential Sites, except those in R-H, within the boundaries
shown in Figure 12.30-1; and
12.30.2.2
the following Developments:
12.30.2.2.1
Buildings that contain a Dwelling Unit;
12.30.2.2.2
construction of new Dwelling Units;
12.30.2.2.3
enclosed structural additions to existing Dwelling Units;
and
12.30.2.2.4
Accessory Buildings.
12.30.3
The Riverside Meadows and West Park Overlay requirements are in
addition to and prevail over the Developed Areas Regulations and the Zone
requirements when a conflict occurs.
Regulations
12.30.4
Development Regulations
12.30.4.1
A Townhouse may have a maximum of 6 Dwelling Units.
12.30.4.2
The Façade of a Building must include a horizontal architectural
element placed between the Main Floor and a second storey on a
3 or more storey Building, or the Main Floor and the beginning of
the roof pitch on a 2 storey Building.
12.30.4.3
All Dwelling Units at Grade, including Townhouses and
Apartments, fronting a Road or park must have a private Front
427
Yard and individual front entry access from a Road, Sidewalk, or
trail.
12.30.5
Appearance
12.30.5.1
High quality Building materials, such as brick, stone, concrete,
hardy board, or cement stucco, must be used in a variety of
combinations for ornamentation and articulation.
12.30.5.2
Vibrant colours and textures must be used to distinguish elements
of the Building Façade and to visually differentiate between
Dwelling Units in Duplexes and Townhouses.
12.30.5.3
The Façade of a Duplex must give the appearance of 2 separate
Dwelling Units.
12.30.5.4
Front attached Garages must be no more than 35% of the total
Frontage.
12.30.6
Parking
12.30.6.1
Front attached Garages and front Parking Pads are not allowed on
Sites fronting Kerry Wood Drive, 54 Avenue, and Sites in Direct
Control Zone 13 (DC(13)), where Parking must be via a rear or side
lane.
12.30.6.2
If more than 8 Parking stalls are required:
12.30.6.2.1
Apartments should minimize above Grade Parking;
12.30.6.2.2
Apartment Parking access must be from the lane where
a Site-Abutting lane is developed;
12.30.6.2.3
where there is no lane:
12.30.6.2.3.1
Road access to the rear of the Building
or Parking is allowed if it does not
interfere with boulevard trees or other
streetscaping; and
12.30.6.2.3.2
the number of motor vehicle accesses
must be a single Driveway per block,
entrances may be shared with other
Sites, and Parking areas must be
organized in clusters. This may require a
joint access agreement with
neighbouring Sites.
428
12.30.6.3
Townhouse and Apartment Developments must include:
12.30.6.3.1
Parking areas that define Sidewalk edges, promote user
safety, and show clear pedestrian connections to
Sidewalks and Building entrances;
12.30.6.3.2
ground-oriented, pedestrian-scale lighting that
indicates pedestrian routes and entrances to Parking
areas and Buildings on the Site; and
12.30.6.3.3
pedestrian spaces linking to Parking areas, Roads,
pocket parks, Courtyards, Sidewalks, Walkways, or trail
networks where Abutting the Development.
12.30.7
New Dwelling Units in West Park
12.30.7.1
Applications for new Dwelling Units in West Park, in the area
shown in Figure 12.30-1, should include at least 1 of the following
green initiatives:
12.30.7.1.1
wiring each Dwelling Unit to be solar ready;
12.30.7.1.2
a Sustainable Landscaping plan;
12.30.7.1.3
permeable pavers for Parking areas; or
12.30.7.1.4
any other initiative the Development Authority
approves.
429
Figure 12.30-1: Riverside Meadows and West Park Overlay
430
12.40 Riverside Meadows and West Park Commercial
Overlay
Key information
12.40.1
The purpose of this Overlay is to ensure that redevelopment will be
designed to satisfy objectives outlined in the Riverside Meadows Area
Redevelopment Plan and West Park Area Redevelopment Plan which
describes a compatible blend of Residential and Commercial Development
of varying sizes, styles and types appealing to a variety of demographic
groups as if it were a village in a city.
12.40.2
This Overlay is comprised of requirements that provide a means to regulate
design attributes which cannot be satisfactorily addressed through
conventional land use zoning.
12.40.3
These requirements apply to all Sites in a Commercial Zone within the
boundaries shown in Figure 12.30-1, including any Development that
changes the Site Plan or exterior of any existing Building and for the
Development of new Buildings.
12.40.4
The Riverside Meadows and West Park Commercial Overlay requirements
are in addition to and prevail over the Developed Areas Regulations and the
Zone requirements when a conflict occurs.
Regulations
12.40.5
Development Regulations
12.40.5.1
Principal Building façade facing a Road may only have horizontal or
vertical walls longer than 5.0m if they are broken up by features
such as porches, Projections, terracing, gables, windows, different
exterior finishing materials, roof gable ends, or variations in
rooflines.
12.40.5.2
Windows and balconies must be placed to allow overlook of
Roads, lanes, Sidewalks, pedestrian passages, Parking areas and
public Open Spaces.
12.40.5.3
Entrances must be clearly identified, visible and accessible from
the Road Abutting the Front Boundary.
431
12.40.5.4
High quality Building materials must be used in a variety of
combinations for ornamentation and articulation. These could be
brick, stone, concrete, hardy board, or cement stucco.
12.40.5.5
All Principal Building Façades facing a Road on a Corner Site must
have equal quality architectural treatment.
12.40.5.6
All Principal Building Façades facing a Road must be parallel to the
Road except in the case of Sites with Road Frontage on 3 sides,
only 2 Building Façades must be parallel.
12.40.5.7
Development must minimize disruption to existing topography and
vegetation.
12.40.5.8
All Principal Building Façades facing a Road must include a
horizontal architectural element. It should be placed between the
Main Floor and a second storey on a 3 or more storey Building, or
the Main Floor and the beginning of the roof pitch on a 2 storey
Building.
12.40.5.9
The following Parking requirements must apply to all
Development:
12.40.5.9.1
Development should minimize above Grade Parking;
12.40.5.9.2
Parking access must be from a lane, except when there
is no lane, then the following applies:
12.40.5.9.2.1
Road access to the rear of the Building
or Parking may be allowed if it does not
interfere with boulevard trees or other
streetscaping; and
12.40.5.9.2.2
the number of motor vehicle accesses
must be a single Driveway per block,
entrances may be shared with other
Sites, and Parking areas must be
organized in clusters. This may require a
joint access agreement with an Abutting
Site.
12.40.5.9.3
Parking areas must define Sidewalk edges, promote
user safety, and show clear pedestrian connections to
Sidewalks and Building entrances.
432
12.40.5.10
All Principal Building Façades facing a Road, including both Façades
on Corner Sites, must be built to the Boundary unless the area
between the Principal Building and a Sidewalk is developed in a
manner that provides a visual amenity to the pedestrian
environment.
12.40.5.11
Side Yard Setbacks must be zero unless the Site Abuts a Residential
Site, in which case there must be a minimum 1.5m Side Yard
Setback.
12.40.5.12
Rear Yard Setback must be no less than 1.5m.
12.40.5.13
The minimum Main Floor to ceiling height for Commercial uses
must be 3.6m.
12.40.5.14
The Main Floor part of any Building façade facing a Road must
contain a minimum of 50% transparent windows.
12.40.5.15
Where a lane exists, access to Site Parking and for loading and
delivery zones must be provided from the lane.
12.40.5.16
As a minimum, overhangs and canopies must be provided at each
Building entrance and should be located along the full elevation.
The design of the overhangs and canopies must be compatible
with the Building's architecture and must not affect the safety of
the Sidewalk.
12.40.5.17
Lighting must be used to complement and draw attention to
window displays, Signs, store information, and architectural
elements on the entire Building Façade.
12.40.5.18
Service bays, utility entrances and storage areas must be located
to the side or rear of the Building and must be Screened from
view.
12.40.5.19
Road elevations must replicate the historic pattern of store front
modules of 7.5m to 10.0m wide, each containing varied design
elements such as entrances, windows, canopies, Projections, roof
lines, and Signs.
12.40.5.20
Subject to review by the City, front angle Parking must be allowed
on private property along local Roads and Roads where traffic
volumes are less than 3,000 vehicles per day. Angle Parking design
must incorporate landscaped boulevards and Walkways between
the vehicle and Building elevation to ensure a continuous
pedestrian path.
433
12.40.5.21
Sites located along Gaetz Avenue have the following exceptions:
12.40.5.21.1
new Buildings or major additions must be set back as
listed C-4 Zone; and
12.40.5.21.2
Parking should be in the Rear Yard or Side Yard. Front
Parking areas may be considered if an enhanced
landscaped buffer of 1.5m is provided Adjacent to
Gaetz Avenue.
12.40.5.22
Applications for a new Commercial Development in West Park, the
area shown in Figure 12.30-1, must include at least 1 of the
following green initiatives:
12.40.5.22.1
wiring each unit to be solar ready;
12.40.5.22.2
a Sustainable Landscaping plan;
12.40.5.22.3
permeable pavers for Parking areas; or
12.40.5.22.4
any other initiative the Development Authority
approves.
434
12.50 Eco Industrial Park Overlay
Key information
12.50.1
This Overlay provides a framework for
the implementation of the eco-Industrial
vision outlined in the West QE2 Major
Area Structure Plan.
12.50.2
The goal of this Overlay is to guide
Industrial Development of an eco-
Industrial park in which businesses cooperate with one another and the
local community to reduce waste, efficiently share resources such as
information, materials, water, energy, infrastructure, and natural resources,
and produce sustainable Development, with the intention of increasing
economic gains and improving environmental quality.
12.50.3
This Overlay applies to the I-1 Zone areas shown on the Land Use
Constraints Maps F20, F21, G19, G21, and the construction of any Principal
Buildings or Accessory Buildings on those Sites.
12.50.4
The Development Authority may require structural renovations, alterations,
additions, or reconstructions of Buildings which existed prior to the Overlay
coming into effect be completed in accordance with the Overlay.
12.50.5
Permitted Uses
Uses listed as Permitted Uses in the underlying Zone
12.50.6
Discretionary Uses
Uses listed as Discretionary Uses in the underlying Zone
Regulations
12.50.7
If there is a conflict between a requirement in this Overlay and any other
requirement in this Bylaw, including those requirements set out in the
underlying Zone, the requirement in this Overlay must apply.
12.50.8
Each Building on a Site must incorporate at least 3 different Green Building
Materials identified on the Green Building Materials list that makes up part
of the application for a Development Permit.
This Overlay contains
requirements to achieve the
objective of an eco-Industrial
park, not otherwise
achievable under existing
conventional Industrial Zones
and requirements.
435
12.50.9
Each business must establish an in-house recycling and composting
program for organic and material wastes.
12.50.10
Building and Site Design
12.50.10.1
Front Yard minimum must be 9.0m.
12.50.10.2
Sidewalks must be provided along each side of a Building that
Abuts a Parking area.
12.50.10.3
If the Site Abuts a Sidewalk or transit stop, a direct Walkway
connection is required from the main entrance of a Principal
Building on the Site to the Abutting Sidewalk or transit stop.
12.50.10.4
Buildings must take advantage of passive solar heating, natural
lighting, passive ventilation, and shading for cooling.
12.50.10.5
Windows must be located and oriented to provide Building
occupants with views to significant natural or Landscaped Areas.
12.50.10.6
A designated area for onsite recycling and composting of materials
must be identified on the Site Plan and landscape plan.
12.50.11
Parking and Loading Areas
12.50.11.1
Regardless of any other conflicting Parking regulations in this
Bylaw, a landowner or occupant of a Site must provide for not less
than the number of Site Parking spaces for the applicable land use
as set out below and, in calculating the Parking space requirement,
a fractional number will be rounded down.
12.50.11.2
1 Parking space must be designated for a small, alternative,
carpool or electric vehicle, and:
12.50.11.2.1
must be in a preferential location;
12.50.11.2.2
must be signed appropriately with design and location
of Signs satisfactory to the Development Authority; and
12.50.11.2.3
is counted as part of the total number of Site Parking
spaces set out in the general Parking requirements.
12.50.11.3
In shipping and receiving areas the landowner or occupant of the
Site must erect at least 1 Sign per loading dock that indicates the
area of the loading dock is an "Idle Free" zone. The design and
location of Signs must be satisfactory to the Development
Authority.
436
12.50.12
Landscaping
12.50.12.1
Landscaping must be completed using those species of plants,
trees or shrubs that are suitable for Sustainable Landscaping,
stormwater management, or Rear Yard screening.
12.50.12.2
Landscaping must consist of a combination of flowers, grasses,
mulch, trees, or shrubs.
12.50.12.3
A minimum of 15% of all Landscaped Area must consist of
Sustainable Landscaping.
12.50.12.4
Landscaping must provide shading, climate protection and
windbreaks to the Principal Building on the Site.
12.50.12.5
Access to the Site must be framed with landscaping islands.
12.50.12.6
If the Building Abuts a Parking area, a 1.0m wide landscaping strip
must be provided immediately Adjacent to and along the length of
the Building Abutting the Parking area to separate the Building
from the Parking area or Sidewalk that Abuts the Parking area.
12.50.12.7
A 1.0m wide landscaping strip, in addition to the landscaping strips
provided pursuant to subsection 12.50.12.6, must be provided
immediately Adjacent to and along another side of the Building.
This landscaping strip will preferably be provided on the side of the
Building that is visible from a Road or be located to provide
shading and climate protection for the Building.
12.50.12.8
A 1.0m wide landscaping strip must be provided along the entirety
of the Front Yard of the Site if the Front Yard of the Site Abuts a
Road. The landscaping strip will provide separation and soften the
appearance of the Front Yard of the Site.
12.50.12.9
If the Rear Yard of the Site is visible from a Road, a 1.5m wide
landscaping strip, incorporating trees and shrubs, must be
provided to screen the view of the Rear Yard from the Road. Rear
Yard screening may be supplemented by fencing.
12.50.12.10 The area of a green roof may be used by the Development
Authority to determine if landscaping requirements are satisfied.
12.50.12.11 Irrigation systems installed at the time of the Development of the
Site must be high efficiency drip systems.
437
12.60 Flood Plain Overlay
Key information
12.60.1
Flood Plain Overlays
12.60.1.1
Figure 12.60-1, as shown for illustrative purposes, provides the
general boundaries for where the Flood Plain Overlay is likely to
apply. The Overlay formally applies to any Site included in flood
fringe and floodway areas.
12.60.1.2
The general purpose of these provisions is to provide for the safe
and efficient use of Sites in the defined floodway and flood fringe
of the Waskasoo Creek and a part of the Red Deer River by way of
prohibiting the construction of new Buildings or structures in the
floodway and allowing Development and redevelopment of
Buildings in the flood fringe, only if these Buildings are
satisfactorily flood proofed.
Regulations
12.60.2
Floodway Uses
12.60.2.1
Despite the underlying Zone and section 4.10, the only uses
allowed in the floodway are Open Space, environmental reserve,
natural areas, bridge support structures and related Roads.
12.60.3
Floodway Fringe Uses
12.60.3.1
In the flood fringe area, the Permitted Uses and Discretionary Uses
listed in the Zone in which the Site is located continue to apply.
12.60.3.2
The provisions of the Overlay are applied in addition to the
requirements of the Zone, and prevail over any conflicts that may
occur.
12.60.3.3
Industrial, Commercial, institutional, or Residential Development
will not be allowed in the flood fringe unless the area is flood
proofed by filling to a level equivalent to the 1:100-year flood level
plus 0.3m.
12.60.3.4
Despite the foregoing, low risk activities such as temporary outside
storage or parks use may be allowed in the flood fringe at the
discretion of the Development Authority.
12.60.4
Requirements
438
12.60.4.1
No new Buildings will be allowed in the floodway
12.60.4.2
Before a Development Permit is issued for the construction of any
Development in the flood fringe, the Development Authority may
require the applicant submit a certificate from a qualified,
registered professional engineer or architect indicating the
following factors have been incorporated in the Building and Site:
12.60.4.2.1
Canadian Mortgage and Housing Corporation guidelines
for building in flood susceptible areas;
12.60.4.2.2
the flood proofing of habitable rooms, electrical panels
and heating units, and openable windows;
12.60.4.2.3
basement drainage and Site drainage; and
12.60.4.2.4
information on Grade elevation in relation to the 1:100-
year flood elevation.
12.60.4.3
Except as provided in subsections 12.60.4.4 and 12.60.4.5, the
Development Authority must not issue a Development Permit until
it is satisfied that adequate flood proofing exists.
12.60.4.4
The Development Authority must allow minor renovations and
repairs to an existing Building, whether structural or not, in the
flood fringe without requiring the flood proofing of a Building.
12.60.4.5
The Development Authority may allow additions to an existing
Building in the flood fringe without requiring the flood proofing of
the existing Building, provided the addition is not anticipated to
affect the flood proofing of the existing building.
439
Figure 12.60-1: Flood Plains
440
12.70 Major Entry Areas Overlay
Key information
12.70.1
This Overlay ensures that Development along major Commercial corridors
leading into the City is visually attractive, creates a welcoming environment
and does not prejudice pedestrian and traffic safety or the function of
Adjacent Roads.
12.70.2
The Major Entry Areas Overlay Zone is shown on the Land Use Constraints
Maps J24, J23, J22, I23, I22, F21, G21, H21, I21, J21, K21, H20, I20, H19, I19,
I18, J18, K18, I17, K17, I16, H16, H15, I15, I14, I13, J13, J12, K12, K11, L11,
M11, M10, K10, L10, L9 and M9.
12.70.3
The Major Entry Areas Overlay Zone applies to all Sites that have 1 or more
Boundaries Adjacent to a Major Corridor, as identified in Figure 12.70-1
through Figure 12.70-9.
12.70.4
Permitted Uses
Uses listed as Permitted Uses in the underlying Zone
12.70.5
Discretionary Uses
Uses listed as Discretionary Uses in the underlying Zone
12.70.6
Prohibited Uses
12.70.6.1
Despite subsections 12.70.4 and 12.70.5, the following Signs are
not allowed in the Major Entry Areas Overlay:
12.70.6.1.1
Billboard Sign;
12.70.6.1.2
Dynamic Sign; and
12.70.6.1.3
Electronic Message Sign.
12.70.7
The requirements of this Overlay are in addition to any other applicable
requirements under this Bylaw. Where the requirements in the existing
underlying Zone contradict or will not serve to achieve the general purpose
of this Zone, the Major Entry Area Overlay requirements must prevail.
12.70.8
The Major Entry Areas Overlay does not apply to Residential Sites.
441
12.70.9
All applications in a major entry area Adjacent to a provincially owned
Major Corridor must be circulated to Alberta Transportation for their
review and comment.
12.70.10
Building Design
12.70.10.1
All Buildings on a Site must be constructed using similar
architectural theme and exterior finishes and colours unless the
function of individual Buildings dictates a specific style or image
associated with a company. In such instances, the Development
must maintain harmony in terms of building lines, mass, as well as
quality and colour of exterior treatment, to the satisfaction of the
Development Authority.
12.70.10.2
All mechanical equipment, including roof mechanical units, must
be concealed by Screening in a manner compatible with the
architectural character of the Building, or concealed by
incorporating it in the Building roof.
12.70.10.3
All Buildings with a Gross Floor Area greater than 2,000.0m2 or a
single wall length greater than 5.0m visible from a Major Corridor,
must comply with the following design criteria, to the satisfaction
of the Development Authority:
12.70.10.3.1
the roof line and Building Façade must include design
elements that reduce the perceived mass of the
Building and add architectural interest; and
12.70.10.3.2
have Landscaped Areas Adjacent to exterior walls
visible from a Major Corridor to minimize the perceived
mass of the Building and to create visual interest.
12.70.11
Site Design
12.70.11.1
Vehicle entrances and exits, as well as Site and off-Site traffic and
pedestrian routes, must be located and designed in a manner that
provides a clearly defined, efficient and convenient Site and off-
Site vehicle traffic and pedestrian circulation pattern.
12.70.11.2
Loading bays must not impede the efficient flow of traffic and
pedestrian movement and minimize impacts on Adjacent Sites.
12.70.11.3
Development on Adjacent Sites must be integrated by direct Site
access connections to provide opportunities for convenient and
free flowing traffic movements between Sites where such
integration is advantageous, in the Development Authority's
442
opinion, due to the existing or potential type of Adjacent
Development and where such access is not prohibited due to such
factors as Grade elevations, Site configurations and location of
existing Buildings.
12.70.11.4
Service Stations, Motor Vehicle Sales, Service, or Repairs, and
Restaurants with a Drive-Through must be developed in
accordance with the following:
12.70.11.4.1
the design, finishing, and siting of Development,
including the orientation of gas pump island, queuing
aisles and service bays, must be to the satisfaction of
the Development Authority having regard to achieving
a consistent and compatible relationship with the
overall design and finishing of the Development,
ensuring a high standard of appearance when viewed
from Adjacent Roads, and minimizing traffic circulation
conflicts both off the Site and on the Site; and
12.70.11.4.2
any canopy located over the gas pump islands must be
designed and finished in a manner consistent with the
design and finishing of the Principal Building, with the
overall height and scale of the canopy to be to the
satisfaction of the Development Authority, so the
canopy is not obtrusive and maintains consistency with
the eave line of the Principal Building.
12.70.12
Landscaping
12.70.13
In the Major Entry Area, the following minimum requirements must be
met:
12.70.13.1
1 tree for each 40.0m2 of Landscaped Area;
12.70.13.2
a roughly even mix of deciduous and coniferous trees;
12.70.13.3
where new trees are otherwise required, existing trees having a
height of 2.5m may be used if the earth under the normal spread
of branches for the species (measured as an equilateral triangle
from the top of the tree) remains undisturbed during construction
and final Grades are not significantly changed;
12.70.13.4
2 deciduous shrubs for each 40.0m2 of Landscaped Area;
12.70.13.5
a 2:1 proportion of deciduous to coniferous shrubs.
443
Figure 12.70-1: Major Entry Areas Overlay Map
444
Figure 12.70-2: Major Entry Areas Overlay Map - North East End
445
Figure 12.70-3: Major Entry Areas Overlay Map - North West End
446
Figure 12.70-4: Major Entry Areas Overlay Map - West QE2
447
Figure 12.70-5: Major Entry Areas Ovelay Map - Between 67 St and Hwy 11A
448
Figure 12.70-6: Major Entry Areas Overlay Map - 67 St
449
Figure 12.70-7: Major Entry Areas Overlay Map - South End
450
Figure 12.70-8: Major Entry Areas Overlay Map - Hwy 2 South
451
Figure 12.70-9: Major Entry Areas Overlay Map - Hwy 2 North
452
12.80 Little Close Overlay
Key information
12.80.1
This Overlay allows for an increase to the maximum Site Coverage for an
area of low density Residential.
12.80.2
The boundaries of this Overlay are outlined on Map R11.
Regulations
12.80.3
In the Little Close Overlay, Site Coverage set out in the underlying Zone is
modified as follows:
Regulation
Requirements
Site Coverage
Maximum: 50% (including Garage and
Accessory Buildings), or up to 60% when a
Backyard Suite is developed
453
12.90 Low Impact Commercial Overlay
Key information
12.90.1
The Low Impact Commercial Overlay implements uses intended to allow
the use of detached dwelling forms for small offices, Commercial and
personal services, and sales, whether or not in conjunction with a single
family Residential use, in designated transition areas between low density
Residential neighbourhoods and the Commercial land uses in the
downtown, while retaining, preserving and maintaining the low density
Residential character of the individual properties, the Adjacent Residential
neighbourhoods, and the streetscapes in terms of privacy, enjoyment,
amenities, and general appearance.
12.90.2
Permitted Uses
12.90.2.1
Uses listed as Permitted Uses in the underlying Zone
12.90.3
Discretionary Uses
12.90.3.1
Low Impact Commercial Uses which meet subsection 12.90.1, as
determined by the Development Authority
12.90.3.2
Law office on Lots 45-46 Block B, Plan K8 (4641 49 Street) in the
existing Building only.
12.90.3.3
Uses listed as Discretionary Uses in the underlying Zone
Regulations
12.90.4
The requirements in this Overlay apply to all Low Impact Commercial
applications located in the Low Impact Commercial Overlay as shown on
Land Use Map M15.
12.90.5
The requirements in this Overlay are in addition to any other applicable
requirements under this Bylaw, and prevail where the requirements in the
underlying Zone contradict or will not serve to achieve the general purpose
of this Overlay, unless the underlying Zone is a Direct Control Zone where
the requirements of that underlying Direct Control Zone prevail.
12.90.6
Low Impact Commercial Uses must not have operating hours anytime on
Sunday, or earlier than 8:00 a.m. or later than 6:00 p.m. from Monday to
Saturday. This includes shipping goods and receiving clients or customers.
454
12.90.7
Low Impact Commercial Uses must not, in the Development Officer's
opinion, cause nuisances including, but not limited to, emissions, odours, or
noise.
12.90.8
Low Impact Commercial Uses should not, in the Development Officer's
opinion, adversely affect the amenities of the Residential neighbourhood or
the privacy or the enjoyment of Adjacent Sites.
12.90.9
The Site Frontage of a Low Impact Commercial Use must not exceed 30.5m.
12.90.10
Exterior lighting must not, in the Development Authority's opinion,
adversely impact the privacy or enjoyment of Adjacent Sites or the area in
general.
12.90.11
Waste containers must be in the Rear Yard and be Screened to the
satisfaction of the Development Authority.
12.90.12
Outside Storage or display is not allowed.
12.90.13
Upon receipt of an application for a Low Impact Commercial Use, the
Development Authority must refer the application for comments to
Adjacent landowners and the relevant community association.
12.90.14
Parking
12.90.14.1
Parking spaces for Low Impact Commercial Uses must be provided
on the Site at the rates indicated below:
Low Impact Use
Parking Requirement
Professional Office
2.0 per persons on duty
Health and Medical Services
2.0 per personal consultation cubicle
Commercial Service Facility
2.5 per 93.0m2 Floor Area or part thereof
Merchandise Sales and Rentals
5.0 per 93.0m2 Floor Area or part thereof
Residential
2.0 per Dwelling Unit
12.90.14.2
Should the total number of Parking stalls required on the Site
exceed ten, then the Site is no longer considered as Low Impact
Commercial and the application may be refused.
12.90.14.3
Parking spaces must not be allowed in the Front Yard or the Side
Yards.
12.90.14.4
Parking spaces must be Screened from the Road view.
455
12.90.14.5
Access to Parking spaces should be off the rear lane if a rear lane is
available.
12.90.14.6
For the purpose of the calculation of the number of Parking spaces
required for Commercial services, personal services, and
Merchandise Sales and Rentals, the term "floor area" is defined as
those floor spaces associated with the Low Impact Commercial
Use, excluding storage area and washrooms.
456
12.100 59 Avenue Overlay
Key information
12.100.1
103This Overlay establishes the maximum number of Dwelling Units that
may be developed on the Site subject to this Overlay as established below:
Lot
Block
Plan
Civic Address
Maximum # of
Units
10B
1
3176TR
6771 59 Avenue
2
10A
1
3176TR
6767 59 Avenue
2
UNT 1 - 9
CDE
0823544
6759 59 Avenue
9
8
1
24HW
6755 59 Avenue
12
7B
1
4142TR
6749 59 Avenue
2
7A
1
4142TR
6743 59 Avenue
2
6A
1
4142TR
6739 59 Avenue
2
6
1
24HW
6735 59 Avenue
2
4
1
24HW
6727 59 Avenue
12
3A
1
3182TR
6721 59 Avenue
6719 59 Avenue
4
2B
1
3182TR
6715 59 Avenue
4
2A
1
3182TR
6711 59 Avenue
4
Regulations
12.100.2
The Development Authority may not approve any form of multi-unit
Residential Development on the Sites subject to this Overlay if the
proposed Development would exceed the maximum number of Dwelling
Units specified. This cannot be varied by the Development Authority.
12.100.3
If 2 or more of the Sites subject to this Zone are consolidated into 1 Site, or
combined as a Site for the purposes of redevelopment, the maximum
number of Dwelling Units for the consolidated Site, or combined Site, must
103 3357/BB-2024
457
be the sum of the number of Dwelling Units allowed on the Sites prior to
the consolidation or the combination of the Sites as a Site.
12.100.4
The requirements in this Overlay are in addition to any other applicable
requirements under this Bylaw, and prevail where the requirements in the
underlying Zone contradict or will not serve to achieve the general purpose
of this Overlay, unless the underlying Zone is a Direct Control Zone where
the requirements of that underlying Direct Control Zone prevail.
458
12.110 Historical Preservation Zoning Modifier: HP
Key Information
12.110.1
This modifier maintains the historical character of an area in terms of
Building appearance and ensures the degree of activity and other aspects
are compatible with the heritage intent and historical preservation.
12.110.2 Permitted Uses
12.110.2.1
Uses listed as Permitted Uses in the underlying Zone
12.110.3 Discretionary Uses
12.110.3.1
Uses which in Council's opinion maintain and achieve the
general purpose of this modifier outlined in subsection 12.110.1
Regulations
12.110.4
In accordance with the Alberta Historical Resources Act, a person must not
destroy, disturb, alter, restore, or repair a Building or structure on a Site
that is designated a:
12.110.4.1
Municipal Historic Resource, without written approval from the
Development Officer;
12.110.4.2
Provincial Historic Resource, without written approval from the
Minister responsible for the Alberta Historical Resources Act;
12.110.4.3
Registered Historic Resource, until expiration of 90 days from the
date the notice of the proposed intervention is served on the
Minister responsible for the Alberta Historical Resources Act unless
the Minister sooner consents to the proposed action.
12.110.5
The relationship between Buildings, structures, Open Spaces, and the
provisions of landscaping and Parking must be subject to the approval of
the Development Authority.
459
12.110.6 List of Historical Preservation Buildings and Sites
Identification
Number
Building or Site
Municipal
Address
Legal Description
Designation
HP - 1
Old Court House
4836 Ross Street
Lots 1-4, Block 28,
Plan K
Provincial
HP - 2
C.P.R. Station
5000 - 51 Avenue Lot 19, Plan 952
4241
Provincial and
Municipal
HP - 3
St. Luke's
Anglican Church
4929 - 54 Street
Lots 9-11, Block 14,
Plan K
Municipal and
Registered
HP - 4
Allen Bungalow
6316 - 45 Avenue NE ¼, 21-38-27-4
which lies east of
Road Plan 1264 ET
Registered and
Municipal
HP - 5
North Cottage
School
5704 - 60 Street
Lot S, Plan 4596
NY
Municipal and
Registered
HP - 6
Parsons House
4801 - 49 Street
Lots 42 & 43, Block
26, Plan 982-1122
Registered and
Municipal
HP - 7
C. P. R. Rail
Bridge
Red Deer River
SE of Plan 952
3190
Registered and
Municipal
HP - 8
Cronquist House
Great Chief Park
Lot 1MR, Block 1,
Plan 832 2386
Municipal
HP - 9
Red Deer
Armoury (Fire
Hall No. 1)
4905 - 49 Street
Lot 1, Block 27,
Plan 1339 RS
Municipal
HP - 10
Presbyterian
Ladies College
3909 - 55 Street
Lot 3, Block 10,
Plan 0624309
Municipal
HP - 11
J.J. Gaetz House
3504 - 55 Street
Lot 3, Block 1, Plan
792 1758
Municipal
HP - 12
Clarke Residence
4757 - 56 Street
Lot 27, Block A,
Plan K1
Municipal
HP - 13
McIntosh House
4631 - 50 Street
Lots 38-40 Block A,
Plan K8
Municipal
460
HP - 14
Gaetz Library,
Presbyterian
Church Steeple,
and Stevenson
Hall Block
Heritage Square
Lot 1, Block C, Plan
842 2027
Municipal
HP - 15
Scott House
4743 - 56 Street
Lot 20, Block A,
Plan K1
Municipal
HP - 16
Red Deer
Cenotaph
4908 - 50 Street
Lot 1, Block 1,
1221959
Provincial and
Municipal
HP-17
Willson House
5011 43 Avenue
Lot 8, Block 6, Plan
5470HW
Municipal
HP-18
Routledge Family
Residence
4736 56 Street
Lot 15, Block C,
Plan 5947 AM
Municipal
HP-19
Intermediate
School
5205 48 Avenue
Lot 7MR, Block 36,
Plan 1820009
Municipal
HP-20
Government of
Canada Building
4909-50 Street
Lots 20-29, Block
18, Plan H
Provincial
Provincial and Registered designations are assigned by the Province of Alberta to Provincially
significant historical resources.
461
12.120 Historical Significance Zoning Modifier: HS
Key Information
12.120.1
This modifier promotes community awareness of actual or potential
heritage and historically significant Sites or Buildings, and a means where
identified Sites or Buildings may be preserved with available and practical
means.
12.120.2
This modifier provides that an identified Site or Building of potential
historical significance must not be demolished or, in the case of Sites
disturbed, until such time as an evaluation of the heritage or historical
significance of the Site or Building is carried out. The Bylaw encourages but
does not require that any renovations undertaken compliment the
historical integrity of the Site.
12.120.3
This modifier is not to set these properties up to later be designated as
municipal, provincial, registered, or federal heritage resources. If any
change of the properties listed in this Bylaw to any other heritage
designation were proposed, such a shift would occur only with the
agreement of the landowner and through an amendment to this Bylaw.
12.120.4 Permitted Uses
12.120.4.1
Uses listed as Permitted Uses in the underlying Zone
12.120.5 Discretionary Uses
12.120.5.1
Uses which in Council's opinion maintain and achieve the
general purpose of this Overlay outlined in subsections 12.120.1
through 12.120.3
Regulations
12.120.6
All applications for Development or demolition of Sites listed in subsection
12.120.10 must be forwarded to The City's planning department for
comment.
12.120.7
For Developments not involving demolition, The City's planning department
will work with the landowner to encourage preservation of the character-
defining elements that contribute to the historical value of the Site.
12.120.8
For Developments involving demolition:
462
12.120.8.1
the landowner must give 45 days notice to The City of the
proposed demolition;
12.120.8.2
The City will cause an historical evaluation to be carried out in
consultation with relevant expertise;
12.120.8.3
if the Building or Site is considered of significant heritage value and
a candidate for preservation, The City will work with the
landowner during the 45-day period in an effort to preserve the
Building or Site.
12.120.8.4
if the landowner and The City are unable to reach an agreement,
once the 45-day notice period outlined in subsection 12.120.8.3
has expired, this Bylaw will no longer prevent demolition of the
Building or disturbance of the Site.
12.120.9
The Development Authority may vary the 45-day review period in the
following circumstances:
12.120.9.1
if the Building or Site is considered not of significant heritage value
or not a suitable candidate for preservation; or
12.120.9.2
in the case of an emergency requiring immediate demolition.
12.120.10 List of Historical Significance Buildings and Sites
Identification
Number
Building or Site
Municipal Address
Legal Description
HS - 1
A20 Army Camp
Motor Pool Building and
Cormack Gardens,
Currently Red Deer Armory
4402 - 55 Street
Parcel C, Plan 837
H.W.
HS - 3
Bank Manager's
Residence
4742 - 56 Street
Lot 12, Block C, Plan
K1
HS - 4
Bawtinhimer Garage
4925 - 48 Street
Lot 12 (part ) 13,
Block 20, Plan K.
HS - 5
DELETED
HS - 6
Bower Barn
Gothic Roof Barn Sunnybrook
Farm
4701 - 30 Street
Lot 3, Block 14, Plan
4436 TR.
463
HS - 7
Bower Residence
4701 - 30 Street
Lot 3, Block 14
Plan 4436 TR.
HS - 8
Buffalo Hotel
5031 Ross Street
Lots 6-10,
Block 10, Plan H
HS - 9
Capitol Theatre
4924 Ross Street
Lot 8-9, Block 17,
Plan H
HS - 10
Central Alberta Dairy
Pool (CADP) Building
Condensery
5410 Gaetz Avenue
Lot 45, Block 12,
Plan 972 0467
HS-11
DELETED
HS - 12
Cole and G.W. Smith
Residence
5142 - 44 Street
Lot 15, Block 1,
Plan 6077 HW
HS - 13
Dawe Residence
4124 - 52 Street
Lots 8 & 9, Block 12,
Plan 3586AE
HS - 14
Drill Hall #1
(Red Deer Public School
Maintenance Shop)
4230 - 58 Street
Lot D1,
Plan 4154 R.S.
HS -15
Drill Hall #2
(Red Deer Memorial Centre)
4214 - 58 Street
Lot E,
Plan 3962 H.W.
HS - 16
Eaton's Store (former)
4807 Gaetz Ave
Lots 3 - 8, Block 19,
Plan H
HS - 17
Eilertson
Sculpture (Victory Park)
4540 Ross Street
Part Lot X, Plan 4900
HS - 18
DELETED
HS - 19
Fallow Residence
12 Howarth Stret
Close
Lot 9A, Block E,
Plan 4387 RS
464
HS - 20
Freytag Tannery Site
5616 Kerry Wood
Drive
Block 11,
Plan 3331 AJ
HS - 21
F.W. Galbraith
Residence
5810 - 45 Ave
Lot 1, Block 5,
Plan 961 H.W.
HS - 22
Gaetz Manufacturing
Building
4840 - 51 Street
Lots 1 & 2,
Block 29, Plan K
HS - 23
Gaetz Memorial
United Church
4758 Ross Street
NW ¼, 16-38-27-4
and Lot 1, Block 37
Plan 6275 H.W.
HS - 24
DELETED
HS - 25
Greene Block
5001 Ross Street
Lots 18 - 19,
Block 10, Plan H
HS - 26
Hallman Residence
4617 - 48 Street
Lot 32-33, Block C,
Plan K8 (excluding E
10' of Lot 32)
HS - 27
Hamilton Block
5211 Gaetz Avenue
Lots 5 & 6,
Block 15, Plan K
HS - 28
Heritage Square
4600 Block
47 Avenue
Lot 1, Block C,
Plan 842-2092
HS - 29
Huestis Residence
5201 - 47 Ave
Lots 9-11, Block N
Plan 6901 R
HS - 30
J. Weddell Residence
4532 Waskasoo
Crescent
Lot 40, Block 2,
Plan 872 2544
HS - 31
Johnstone Residence
5509 - 48A Ave
Lot B, Block A,
Plan 1995 ET
HS - 32
La France
Residence
4922 - 55 Street
Lots 5 & 6, Block 2,
Plan 7075 A.E.
465
HS - 33
MacKenzie and Ellis
Residence
5343 - 46 Avenue
Lot 10A, Block G,
Plan 1500 R.S.
HS - 34
Maple Leaf Block
5020 Gaetz Avenue
Lot 17, Block 11,
Plan 795 HW
HS - 35
McGregor Parson's
Residence
5140 - 43 Avenue
Lot 12, Block 14,
Plan 6393 MC
HS - 36
McLean Residence
4123 Ross Street
Lot 8, Block 3A,
Plan 3288 K.S.
HS - 37
Meredith Residence
4 Howarth Street
Close
Lot 10, Block E,
Plan 5746 AH
HS - 38
Mitchell & Jewell
Building
4812 Gaetz Avenue
Lot 16, Block 9,
Plan H
HS - 39
William Moore
Residence
5555 - 45 Avenue
Lot 8, Block A,
Plan 955 M.C
HS - 40
DELETED
HS - 41
Nachtman Residence
4630 - 45 Street
Lot 9, Block E,
Plan 3591 P
HS - 42
New Life Tabernacle
Church (Pentecostal Church of
the Nazarene)
4801 - 48 Street
Lots 21-22,
Block 25, Plan K
HS - 43
The Old Mill and
Hayhoe Building
5028 Gaetz Ave
Lot 18, Block 11
Plan 795 HW
HS - 44
Payne Residence
4634 - 49 Street
Lots 5 - 8, Block A,
Plan K-8
HS - 45
Pettepher Residence
5045 - 45 Avenue
Lots 3 & 4, Block 1,
Plan K9
HS - 46
Piper Creek and
Twilight Lodge
4820 - 33 Street
Lot 2, Block 8
Plan 1621 NY
466
HS - 47
Pollock Residence
4629 - 46 Street
Lots 37-40, Block E,
Plan 3591 P
HS - 48
DELETED
HS - 49
Prairie Business
5032 Gaetz Avenue
Lots 19-21,
Block l1, Plan 795
HW South 20 ft of 21
HS - 50
Old Provincial
Building
4935 - 51 Street
Lots 38 & 39,
Block 17, Plan H
HS - 51
Raymond Gaetz
Residence
4763 - 56 Street
Lot 30, Block A,
Plan 647 K.S.
HS - 52
Red Deer Bottling Co.
4601 Gaetz Avenue
Lot 27, Block 21,
Plan 962 3342
HS - 53
Red Deer College
Arts Centre
5700 - 32 Street
Lot 3,
Plan 812 2461
HS - 54
A.H. Russell
Residence
5838 - 45 Avenue
Lot 1 & 2, Block 3,
Plan 1292 A.0
HS - 55
Scott Block and Old
Horsley's Hardware
4816 - 4818 Gaetz
Avenue
Lot D, Block 9,
Plan 1323 KS
HS - 56
Simpson Residence
5820 - 45 Avenue
Lot 2, Block 5,
Plan 961 H.W
HS - 57
St. Mary's Roman
Catholic Church and Parish
Hall
6 McMillan Avenue
Lot 1A,
Plan 2473 N.Y.
HS - 58
Telning Residence
4520 - 46 Street
Lot 12 & 13,
Block J, Plan 4900 R
HS - 59
Thatcher Residence
5401 - 48 Avenue
Lot 1, Block 33,
Plan 656 NY
467
HS - 60
Trump Residence
5035 - 45 Avenue
Lot 2, Block 1,
Plan 4735 K.S.
HS - 61
Tucker Residence
3534 - 45 Avenue
Lot 5A, Block 5,
Plan 78 RS
HS - 62
Wallace Residence
4755 - 56 Street
Lots 25-26, Block A
Plan Kl
HS - 63
Wartime Homes
36-38 Street block
Between 4l-42
Avenue Mountview
Lots 5-8 and 10-27,
Block 9, Plan 1514
HW
HS - 64
Water Tower
(Horton Spheroid)
3536 - 46 Avenue
Lot 9, Block 22,
Plan 1919 KS
HS - 65
Wing Block
Apartment
5101 Gaetz Avenue
Lots 1 & 2, Block 16,
Plan H
HS - 66
49A Avenue Houses
5511 - 49A Avenue
Lots 7-9, Block 3,
Plan 7075 AE
5514 - 49A Avenue
Lots 7-9, Block 2,
Plan 7075 AE
5517 - 49A Avenue
Lots 10-11, Block 3,
Plan 7075 AE
5520 - 49A Avenue
Lots 16 & 17,
Block 2,
Plan 002 3098
5521 - 49A Avenue
Lots 12-13, Block 3,
Plan 7075 AE
5526 - 49A Avenue
Lots 13-15, Block 2,
Plan 7075 AE
5525 - 49A Avenue
Lot 19, Block 3
Plan 922 3300
468
5527 - 49A Avenue
Lot 20, Block 3,
Plan 922 3300
HS - 67
A.C.R. Bridge
Abutment
Taylor Drive
Lot R-1, Block 10
Plan 3231 TR
HS - 68
Ceremonial Trees
Central School
5100 Block
47 Avenue
HS - 69
Ceremonial Trees
Coronation Park
4500 Block
Ross Street
HS - 70
Ceremonial Trees
Cronquist House
Bower Ponds
HS - 71
Ceremonial Trees
Red Deer & Zone Museum
4525 - 47A Avenue
HS - 72
Ceremonial Trees
Pioneers' Lodge
47 Avenue
HS - 73
Chestnut Tree
45 Avenue and
55 Street
Lot 22, Block G, Plan
822-2078
HS - 74
City Hall Park
4800 Block
48 Avenue
Lot 1, Block 27, Plan
1339 R.S
HS -75
'Crossing' School Site
Marker
60 Avenue and
Cronquist Drive
SE ¼, 18-38-27-4
HS - 76
DELETED
HS - 77
Gaetz Lakes Sanctuary
HS - 78
Great West
Lumber Co. Site
Bower Ponds
HS - 79
Krause Hill, Trees
Ross Street Hill
Lot 3, Block 8A, Plan
882-1939
HS - 80
Oak Tree
55 Street and
46 Avenue
Lot 25, Block 1, Plan
1292 A.O.
469
HS - 81
Piper's Mountain
Rotary Park
Lot R3, Plan 4816
R.S.
HS - 82
Reintholt Quarries
Cronquist
Business Park
SW ¼, 17-38-27-4
Lot R3, Plan 762-
1616
HS - 83
Site of the ACR
Silver Spike
Gaetz Avenue and
35 Street
Lot 16, Block 1, Plan
8324 ET
HS - 84
Snell Residence Site
4915 - 48 Avenue
Lot 14, Block 38, Plan
832 0062
HS - 85
Stone Wall,
Everglades Apartments
4319 - 51 Avenue
Lot 15B, Block 6,
Plan 862 2144
HS - 86
Towers at
Checkmate Court
4902 - 37 Street
Plan 902 1647
HS - 87
Willow Tree
4700 - 55 Street
Lots 5 - 7, Block B,
Plan K1
Lots 21, Block B, Plan
902 1952
HS - 88
Wishart Cabin Site
Gaetz Lake Sanctuary
HS - 89
Farthing Block
4930 Ross Street
Lot 7, Block 17, Plan
H
HS - 90
Park Hotel (Park Place)
4918 - 4920 Ross
Street
Lots 10 - 15, Block
17, Plan H
HS - 91
Golden Circle
4620 - 47 Avenue
Lot 1, Block C, Plan
842 2029
HS - 92
Fabretti Residence
5001 - 43 Avenue
Lot 10, Block 6, Plan
758KS
HS - 93
Manning Residence
4641 - 49 Street
Lots 45-46, Block B,
Plan KB
470
12.130 Vertical Height Zoning Modifier: V
12.130.1
The general purpose of this zoning modifier is to prevail over the maximum
allowed height on any Site in any Zone.
12.130.2
Method of Application
12.130.2.1
In a Zone with a "V" designation, the
maximum allowed height of a Building,
expressed in metres, is determined by the
number following the letter "V" on the
Zone map.
12.130.2.2
Despite any other section of this Bylaw,
the maximum height established in
subsection 12.130.2.1 prevails over the
maximum height that would otherwise
apply to the Site and cannot be varied by
the Development Authority.
Per subsection
12.130.2.1, an example
would be a designation
of R-M.V18
"R-M" = Residential
Medium-Density Zone
"V18" = Building must
not exceed a height of
18.0m above Grade
471
12.140 Density Zoning Modifier: D
12.140.1
The general purpose of this zoning modifier is to prevail over the maximum
number of Dwelling Units allowed on a Residential Site designated by the
underlying Zone.
12.140.2
Method of Application
12.140.2.1
The maximum number of Dwelling Units
allowed per hectare under a density
modifier is indicated by the number
following the letter "D" on the Site in a
Zone map.
12.140.2.2
In calculating the density of a Zone the
maximum number of Dwelling Units
which may be developed on a Site is the
Site Area expressed in hectares multiplied
by the density restriction as per the Zone
map.
12.140.2.3
Despite any other section of this Bylaw, the maximum density
established in subsections 12.140.2.1 and 12.140.2.2 prevails over
the maximum density that would otherwise apply to the Site and
cannot be varied by the Development Authority.
12.140.2.4
If no density designation is established for a Site, the maximum
allowed units of Development must be determined by the outlined
requirements in the applicable Zone and using the same
calculation outlined in subsection 12.140.2.2.
Per subsection
12.140.2.1, an example
would be a designation
of R-M.D40
"R-M" = Residential
Medium-Density Zone
"D40" = Site must not
exceed 40 Dwelling Units
per hectare
472
12.150 Character Statements
12.150.1
Application of Character Statements
12.150.1.1
The areas of Waskasoo and Woodlea have applicable Character
Statements that define the character of the area and outline
regulations establishing the design parameters to which a proposal
for redevelopment in the area must adhere.
12.150.1.2
The Development Authority will use Character Statements in
conjunction with the Zoning Bylaw to evaluate if an application
maintains the character of the affected area.
12.150.1.3
Where the requirements in the Zoning Bylaw conflict with the
Character Statements, the Character Statements prevail.
12.150.2
Waskasoo Character Statements
12.150.2.1
Please refer to 'Appendix C' for Character Statement details and
regulations.
12.150.3
Woodlea Character Statements
12.150.3.1
Please refer to 'Appendix D' for Character Statement details and
regulations.
473
Part 13 Site Specific Exceptions and Exemptions
13.10
General Requirements
13.10.1
An exception to the uses or requirements of a Zone or this Bylaw may be
approved by Council on a Site-specific basis when a proposed
Development, because of its unique characteristics or because of unusual
Site constraints, may only proceed if an exception to the provisions of this
Bylaw is approved.
13.10.2
Regulations in Part 13 cannot be varied unless explicitly outlined otherwise.
13.20
Areas Specifically Designated for a Particular Use
13.20.1
In addition to the list of Discretionary Uses set out in the applicable Zone,
the following Sites may have the following additional Discretionary Uses:
13.20.1.1
40 Avenue and Ross Street on the south side only, Motor Vehicle
Service and Repair without sales, car wash and drive-in;
13.20.1.2
Lot 33, Block 1, Plan 772 2593 food establishment;
13.20.1.3
41 Avenue and Ross Street on the southeast corner only, Motor
Vehicle Service and Repair without sales, car wash and drive-in;
13.20.1.4
Drinking Establishment at Lot 1-6, Block 21, Plan 7604S (6017 54
Avenue);
13.20.1.5
despite any regulation in subsection 13.20.1, no outside storage of
vehicles will be permitted for longer than 1 week and the sale of
vehicles from the above Sites is not allowed.
13.20.2
The Development Authority will determine the floor area, Yard
requirements, Building Height, Parking, and loading requirements for Sites
outlined in subsection 13.20.1.
13.20.3
On the Sites listed below, the following uses are Discretionary:
13.20.3.1
Health and Medical Services and related Commercial services
provided that such offices will not be on any floor of the Building
which contains a Dwelling Unit at:
13.20.3.1.1
Block 4, Plan 6564 E.T. (5101 - 5129 - 39 Street and
5102 - 5130 - 38 Street);
474
13.20.3.1.2
Lot 1, Block J, Plan 3999 R.S. (3939 - 50A Avenue);
13.20.3.1.3
Lot 2, Block J, Plan 3999 R.S. (3947-50A Avenue).
13.20.3.2
Parking Lots at Block 4, Plan 6564 E.T. (5101 - 5129 - 39 Street and
5102 - 5130 - 38 Street);
13.20.3.3
a Freestanding Sign to a maximum Sign Height of 9.0m and a
maximum Sign Area of 7.0m2 at Lot 2, Block J, Plan 3999 R.S.
(3947-50A Avenue);
13.20.3.4
Indoor Recreation Facility at Lot 6, Block 5, Plan 772 2205 (4910 78
Street and 7812 49 Avenue);
13.20.3.5
Recreational vehicle sales, service, or repair at Lot 35 Block 1 Plan
1520452 (4 Burnt Basin Street).
13.20.4
On Lot 58, Block 14, Plan 792-0555 (88 Howarth Street), the Development
of C-2 uses, except Cannabis Retail Sales, lounges, bars, and amusement
arcades, may be allowed as Discretionary Uses, provided:
13.20.4.1
that landscaped buffers of 10.0m and 3.0m be developed along
Howarth Street and the lane respectively; and
13.20.4.2
those C-2 uses are subject to all other provisions of the C-2 Zone.
13.20.5
On the Sites, or parts thereof listed below, the following uses may be
allowed as Permitted Uses:
13.20.5.1
1 basement dwelling in a detached dwelling in addition to the uses
listed in underlying Zone Lot 3C, Block E, Plan 792-3164 (5853-71
Street);
13.20.5.2
Alberta Amateur Hockey Association Training Program and
distribution of materials on Bays #1 - 4, Lot 4, Block 4, Plan 792-
3149 (#1, 7875 - 48 Avenue);
13.20.5.3
use by Youth and Volunteer Centre on:
13.20.5.3.1
W ½ of Lot 39, Lot 40, Block B, Plan K8 (4633-49 Street);
13.20.5.3.2
Lots 41-42, Block B, Plan K8 (4637-49 Street).
13.20.5.4
basement Dwelling Unit on Lot 1, Block 4, Plan 4194 M.C. (414
Terrace Park);
475
13.20.5.5
office by Canadian Paraplegic Association on Lots 3-4, Block 5, Plan
762-0870 (#4, 7803-50 Avenue);
13.20.5.6
Tea house, lodging and boarding house, and gift store in
association with a Bed and Breakfast operation on Lots 38-40,
Block A, Plan K8 (4631-50 Street);
13.20.5.7
dry waste disposal Site on the part of the N.E. ¼ of Section 33-38-
27-4 which lies west of Railway Plan No. 1813 M.C. and the part of
Lot R5, Block 4, Plan 772-0064 which lies in the S.E. of Section 33-
38-27-4;
13.20.5.8
maximum 20.0 bed community Residential centre, halfway house,
by the John Howard Society on Lots 10-14 and west 3.05m of Lot
15, Block 17, Plan H (4920- 50 Street);
13.20.5.9
a Ronald McDonald House facility, allowed as a Permitted Use:
13.20.5.9.1
on Lots 2 and 2A, Plan 625 NY (3902 and 3906-50
Avenue); and
13.20.5.9.2
on Lot 3, Plan 3839 HW (3908-50 Avenue); and
13.20.5.9.3
on the north and south part of lane immediately north
of 39 Street right of way and east of 50A Avenue in
plans 3839 HW and 625 NY.
13.20.5.9.4
subject to all Development requirements being
determined by the Development Authority. The
requirements in the R-M Zone will not be applicable to
this use.
13.20.5.10
1 unmanned, volunteer, fire station to store and house fire trucks,
fire fighting apparatus and related ancillary equipment in Units 17
& 18, Condominium Plan 092 3280 (B7 & B8, 37 Burnt Basin
Street);
13.20.5.11
Drinking Establishment indoor area not to exceed 100m2 in area,
and with an occupancy load of not more than 60.0 persons,
secondary to a manufacturing facility, at Block 5, Lot 1, Plan
0125593 (6610 - 71 Street);
13.20.5.12
a maximum of 47 1-bedroom Residential units converted from
existing Hotel units on Lot 6, Block 14, Plan 4436TR (2807 50
Avenue);
476
13.20.5.13
existing tele-theatre racetrack betting facility on Lot 7, Block 5 Plan
012 1322 (3731-50 (Gaetz) Avenue).
13.20.5.14
104Despite section 10.60.3.5, a Mixed-Use Building with Dwelling
Units on the Main Floor of 5586 47 Street (Lot 15, Block 7, Plan
2420883) and 5578 47 Street (Lot 16, Block 7, Plan 2522056),
subject to the following:
13.20.5.14.1
Each Mixed-Use Building must have a minimum of 3
Dwelling Units;
13.20.5.14.2
Commercial uses and Dwelling Units on the Main Floor
must have individual, separate, and direct exterior
access that is not shared.
13.20.5.14.3
Each Mixed-Use Building must not have a front-
attached Garage.
13.20.6
On those Sites, or parts thereof herein listed, the following uses may be
allowed as Discretionary Uses:
13.20.6.1
Apartments on:
13.20.6.1.1
Condominium Plan 822 2661 (Lot 19, Block G, Plan 802
3230) (5144 - 45 Avenue) and Condominium Plan 942
0656 (Lot 18, Block 6, Plan 802 3230) (4515-53 Street);
and
13.20.6.1.2
Lots 18 and 19, Block G, Plan 3184 I (5301-46 Avenue);
and
13.20.6.1.3
Lot 11A, Block G, Plan 1500 R.S. (4511-55 Street).
13.20.6.2
upholstery business on: Lots 21 and 22, Block 25, Plan 7604 S
(5824 and 5826-51 Avenue);
13.20.6.3
Duplexes on Lots 22 and 23, Block 2, Plan 982 0058 (6007 and
6009 - 63 A Street) subject to the façade of each unit being
significantly different from each other thereby resembling a single-
family dwelling;
13.20.6.4
3-unit Townhouses on Lots 9-11, Block 24, Plan 5555AF (3818 44
Street);
104 3357/D-2026
477
13.20.6.5
Apartment, Supportive Living Accommodation, Day Care Facility,
and Day Care Adult on Lot 9, Block 1, Plan 042 2888 (6791 65
Avenue) subject to:
13.20.6.5.1
a maximum height of 6 storeys as Discretionary Uses;
and
13.20.6.5.2
that each Building must contain Commercial uses, as a
minimum, on the Main Floor; and
13.20.6.5.3
the Commercial component must not exceed 3 storeys;
and
13.20.6.5.4
a Residential noise impact statement is required
outlining the measures to be taken to mitigate noise
impacts from the Adjacent Industrial area.
13.20.6.6
Security Suite on Lot UNT 29, Block CDE, Plan 762 1172 (7429 49
Avenue) subject to the following:
13.20.6.6.1
must be located in the Principal Building on the Site;
and
13.20.6.6.2
may not be occupied by more than 1 person dwelling in
the suite; and
13.20.6.6.3
must be occupied by the landowner of the Site or an
employee whose primary responsibility is to provide
surveillance, maintenance or security for the Site; and
13.20.6.6.4
may not contain more than 1 sleeping area; and
13.20.6.6.5
in addition to the number of Parking stalls required for
the Principal Use, no additional Parking space will be
designated for the Security Suite; and
13.20.6.6.6
Development Permits issued for Security Suites cease
to be valid if the Principal Use on the Site ceases or is
removed.
13.20.6.7
Temporary Parking Lot for a 9.0-year period commencing the date
of Development Permit issuance at Lots 44-46, Block A, Plan K8
(4643 50 Street) and Lots 41-43, Block A, Plan K8 (4637 50 Street)
for Parking provisions for Jackpot Casino Ltd. Lot 15, Block 38, Plan
3479 MC, subject to:
478
13.20.6.7.1
general Parking requirements established in this Bylaw;
and
13.20.6.7.2
additional landscaping or design enhancements as may
be required at the discretion of City Council.
13.20.6.8
Parking accessory to an approved Principal Use on the same Site at
Lots 77 and 78, Block 7, Plan 132 3870 (155 Vanier Drive), provided
each bare land condominium unit that is created meets general
Parking requirements to the satisfaction of the Development and
Subdivision Authority;
13.20.6.9
Microbrewery on:
13.20.6.9.1
Lot 3, Block 5, Plan 902 0499;
13.20.6.9.2
Lot 5, Block C, Plan 002 2241 (Bay 1-2, 7023 Johnstone
Drive).
13.20.6.10
Financial Services and Professional Office not exceeding 371.61m2
on Lot 8, Plan 922 2540 (#8 4608 62 Street);
13.20.6.11
In addition to the Permitted Uses and Discretionary Uses allowed
in the R-D Zone, a 3-unit Townhouse as a Discretionary Use on Lots
A, 1 and 2, Block B, Plan 7068W (5835-60A Street), where:
13.20.6.11.1
Development Officers are the Development Authority;
and
13.20.6.11.2
the R-D Zone requirements apply.
13.20.6.12
In addition to the Permitted Uses and Discretionary Uses allowed
in the R-L Zone, a Professional Office, including but not limited to
an insurance broker business as a Discretionary Use on Lot 76,
Block 7, Plan 9823705, where:
13.20.6.12.1
C-3 Zoning requirements apply to the Development of
an Office including but not limited to an insurance
broker business; and
13.20.6.12.2
a use which serves residents beyond the adjoining
neighbourhood may also be allowed provided the use:
13.20.6.12.2.1
will not result in excess traffic or Parking
demand that cannot be managed on the
Site; and
479
13.20.6.12.2.2
will not operate business between 10:00
p.m. and 7:00 a.m.; and
13.20.6.12.2.3
will not, in the Development Authority's
opinion, result in excessive noise or
otherwise unduly interfere with the
amenities of the neighbourhood or
materially interfere with or affect the
use, enjoyment or value of neighbouring
Sites.
13.20.6.12.3
the Development Officer will serve as the Development
Authority in determining adherence to the regulations.
13.20.6.13
Motor vehicle service or repair, excluding sales, at Lot 3, Block 14,
Plan 152 2440 (70 Thorburn Ave);
13.20.6.14
Professional Office, in addition to the Permitted Uses and
Discretionary Uses in the I-1 Industrial Zone, on Unit 1, Plan 062
2110. Those uses listed as Permitted Uses in the I-1 Zone will
remain Permitted Uses on this land. The Development Officer is
the Development Authority;
13.20.6.15
105Temporary Care Facility or Emergency Shelter at 5239 - 53
Avenue (Lots 4-5, Plan 6233RS), in the existing Building and the
corresponding areas for Parking, fenced Courtyard, and North door
outdoor areas, until May 1, 2027, as identified in Zoning Bylaw
Map L15, subject to the following requirements:
13.20.6.15.1
use must have a security system and personnel to
perform regular surveillance operation; and
13.20.6.15.2
use must comply with the design elements that
incorporate Crime Prevention Through Environmental
Design principles as a result of a corresponding analysis,
incorporating natural surveillance, access control and
territorial reinforcements; and
13.20.6.15.3
fencing to enclose area and provide visual screening;
and
13.20.6.15.4
the Site Plan and the relationship between Buildings
will be subject to approval by City Council.
105 3357/WW-2024
480
13.20.6.16
Commercial Service Facility limited to massage therapy and Health
and Medical Services limited to physical therapy, on Lot 23, Block
5, Plan 052 0190 (7575 Edgar Industrial Drive);
13.20.6.17
a Commercial School delivering massage therapy instruction, and a
massage therapy clinic on 6204 46 Avenue (Lot 34, Block 4, Plan
962 0837);
13.20.6.18
1061 storey Commercial Service Facility and Day Care Facility with
Site area for Parking located at the front of the Site and 20.4m of
the Façade running the length of the Frontage at 5441 45 Street
(Lot 13A, Blk 9, Plan 536 5NY).
13.20.6.19
107 Despite subsections 10.10.3 and 10.40.4.1, Drive-Through, as
an Accessory Use to a Commercial Service Facility limited to a
financial institution, at 5402 47 Street (Lot 12, Block 7, Plan 152
3586) and 4837 54 Avenue (Lot 1, Block 7, Plan 182 1266).
13.20.7
On the following Sites, or parts thereof, the following uses may be allowed
as Permitted Uses in the existing Building only:
13.20.7.1
hair salon on Lot 9, Block 43, Plan 157 HW (4407-48 Avenue);
13.20.7.2
House with 2 basement units on Lot 21, Block F, Plan K9 (5311-44
Avenue);
13.20.7.3
contractor's business on Lot 10C, Block 5, Plan 792-1541 (#3, 7887-
50 Avenue);
13.20.7.4
1 basement dwelling suite on:
13.20.7.4.1
Lot 13, Block 36, Plan 5187 KS (5702 West Park
Crescent);
13.20.7.4.2
Lots 25-26, Block 3, Plan 4516AC (4018 50 Street).
13.20.7.5
a Commercial Service Facility, Health and Medical Services, or
Office along with a Building Sign or a Freestanding Sign in
accordance applicable Residential regulations, on Lot 1, Block 3,
Plan 6759ET (3702 50 Avenue), but not including the following:
13.20.7.5.1
fitness centre;
106 3357/QQ-2024
107 3357/B-2026, 3357/K-2025
481
13.20.7.5.2
cleaning and repair of personal effects such as shoe
repair, dry cleaning or laundering outlet;
13.20.7.5.3
care of small animals such as a small animal veterinary;
13.20.7.5.4
Commercial School; and
13.20.7.5.5
Day Care Facility.
13.20.7.6
when considering the uses for subsection 13.20.7.5, the
Development Authority will consider the need to impose such
conditions as it deems necessary or appropriate, including
conditions to:
13.20.7.6.1
prohibit uses that would result in associated noises, or
odors extending beyond the interior of the Building; or
13.20.7.6.2
prohibit Outdoor Storage or display of materials
associated with business.
13.20.8
On those Sites, or parts thereof herein listed, the following uses may be
allowed as Discretionary Uses in the existing Building only:
13.20.8.1
Restaurant at 4501-48 Avenue (Lot 18, Block 42, Plan 182 2251),
where the Development Authority, at its discretion, may apply the
C-1 Zone regulations to the Restaurant use;
13.20.8.2
a photography studio, Commercial Service Facility along with a
Building Sign or a Freestanding Sign in accordance with the
maximum Sign Height and Sign Area prescribed in applicable
Residential regulations on Lot 7, Block E Plan K0 (4419 55 Street)
but not including the following:
13.20.8.2.1
cleaning and repair of personal effects such as shoe
repair, dry cleaning or laundering outlet;
13.20.8.2.2
kennelling of animals;
13.20.8.3
When considering the uses for subsection 13.20.8.2, the
Development Authority will consider the need to impose such
conditions as it deems necessary or appropriate, including
conditions to:
13.20.8.3.1
prohibit uses that would result in associated noises, or
odours extending beyond the interior of the Building;
482
13.20.8.3.2
prohibit Outdoor Storage or display of materials
associated with the business;
13.20.8.3.3
prohibit uses that operate outside the hours of 7:00
a.m. to 10:00 p.m.;
13.20.8.3.4
avoid the need for customers to park on 45 Avenue.
13.20.8.4
the Development Authority must refer all applications for
proposed new uses on the Site outlined in subsection 13.20.8.2 to
landowners of Sites within 100m of this Site, and to applicable
community associations, for comment;
13.20.8.5
Canadian Cancer Society and Fanta Homes on Lot 8 Block1 Plan
6784KS;
13.20.8.6
a Cannabis Production Facility on Lot 14, Block 1, Plan 052-4232
(94 Burnt Park Drive) with Council as the designated Development
Authority, and subject to the following Development regulations:
13.20.8.6.1
no other use will be allowed on the Site;
13.20.8.6.2
the licensed processes and functions of the use must be
fully enclosed in the Building;
13.20.8.6.3
no Outdoor Storage will be allowed on the Site;
13.20.8.6.4
all loading facilities must be fully enclosed in the
Building;
13.20.8.6.5
all waste containers and waste material must be fully
enclosed in the Building;
13.20.8.6.6
the Site must be fully enclosed by a fence;
13.20.8.6.7
the use must not emit any odour or other substance
which is harmful or injurious to health or physical well-
being;
13.20.8.6.8
the use must not emit nuisances including, but not
limited to, odour, noise, and light, that may have a
negative impact to Adjacent Sites or the surrounding
area; and
13.20.8.6.9
the Site Plan, the Site access, the relationship between
Buildings and Open Space, the architectural treatment
of Buildings, landscaping, the minimum required
483
loading spaces and Parking spaces and the Parking
layout and surfacing will be at the discretion of the
Development Authority.
13.20.9
Despite any provisions in this Bylaw, a Duplex will be included in the list of
Permitted Uses for the following Sites, but where the Duplexes comply with
the requirements applicable to the R-D Zone:
13.20.9.1
Lot 47 (4635 - 48 Street) and Lot 48 (4631 - 48 Street) Block C Plan
992 6203;
13.20.9.2
Lot 22 and Lot 23 Block C Plan K8 (4602B and 4602A - 47 Street);
13.20.9.3
Lot 33 and Lot 34 Block D Plan K10 (4621A and 4621B - 47 Street);
13.20.9.4
Lot 19A Block F Plan 3591 P (4612 - 44 Street);
13.20.9.5
Lots 11A and 12A, Block F, Plan 022 0547 (4623A and 4623B - 45
Street);
13.20.9.6
Lot 19A (4309 - 46 Avenue) and Lot 20A (4310 - 45A Avenue)
Block A Plan 2354 AE;
13.20.9.7
Lot 1 (4505 - 46 Avenue) and Lot 2 (4503 - 46 Avenue) Block K
Plan 4900 R;
13.20.9.8
the most southerly 19.05m of Lots 1, 2, 3 and 4 and all of Lot 5,
Block J Plan 4900 R (4601 - 46 Avenue);
13.20.9.9
Lots 45 and 46 Block J Plan 922 1244 (4519A and 4519B - 47
Street);
13.20.9.10
Lot 1A, Block I, Plan 4900 R (4536 - 47 Street);
13.20.9.11
Lots 4 and 5, Block I, Plan 4900 R (4532A and 4532B - 47 Street);
13.20.9.12
Lots 10 and 11, Block I, Plan 4900 R (4520 - 47 Street);
13.20.9.13
Lots 49 and 50, Block B, Plan 042 1756 (4644 - 48 Street and 4801
- 47 Avenue);
13.20.9.14
proposed Lots 5A and 6A Block F Plan 042 6407 (4642 - 44 Street).
13.20.10
On the following Sites, the uses listed will be added to the list of Permitted
Uses set out in the applicable Zone, under condition the Developments
must comply with the requirements applicable to the R-M Zone and to the
density and height restrictions specified:
484
13.20.10.1
Lot 19A Block C Plan 2648 TR - a 4-unit Townhouse (4606 - 47
Street);
13.20.10.2
Lots 6 and 7 Block I Plan 4900 R - a 4-unit Townhouse (4526 - 47
Street);
13.20.10.3
the south 100 feet of Lots 1 to 4, Block F, Plan 3591 P - a 6-unit
Townhouse with a maximum height of 2.0 storeys (4405 - 47
Avenue);
13.20.10.4
Lot Z, Block E, Plan 3591 P (4624 - 45 Street) - a 17-unit
Apartment Building at a maximum density of 95 units per hectare
and maximum height of 3.0 storeys;
13.20.10.5
Lot 23, Block F, Plan 792 3231 (4616 - 44 Street) - an 8-unit
Apartment Building at a maximum density of 87 units per hectare
and maximum height of 2.0 storeys.
13.20.11
On those Sites or potions thereof listed, the following uses may be allowed
as Permitted Uses:
13.20.11.1
built in compliance with the regulations of DC(34) of this Bylaw,
Warehouse, and storage in a Building in existence as of July 15,
2003, may be allowed as a Permitted Use on Lot 22 and 29, Block
17, Plan 7604S (5904-54 Avenue).
13.20.12
Built in compliance with the regulations of DC(34), structural alterations,
exterior renovations, expansions, or additions are Permitted Uses for
existing Buildings on the Sites listed in subsections 11.340.6 and 11.340.7,
provided they comply with the general-purpose Zone set and subject to
Municipal Planning Commission approval of the Site Development.
13.20.13
Signs, as listed in the C-3 Commercial Zone, may be allowed as a
Discretionary Use on Lot 1, Block 23, Plan 892 1574 (4820 45 Street).
13.20.14
Provided it otherwise complies with C-4 Zoning of this Bylaw, on Lot 5,
Block 1, Plan 972-4056 a combined commercial Restaurant and maximum
230-unit Supportive Living Accommodation will be a Permitted Use. This
mixed-use Development requires approval by the Development Authority
and is subject to the following requirements:
13.20.14.1
floor areas minimum in the Supportive Living Accommodation for
a 1-bedroom unit must be 46.5m2, and for a unit of more than 1-
bedroom, 65.0m2;
13.20.14.2
Landscaped Area minimum: 30% of Site;
485
13.20.14.3
Building Height maximum: 4.0 storeys;
13.20.14.4
Front Yard Minimum: 15.0m;
13.20.14.5
Side Yard Minimum: 4.5m;
13.20.14.6
Rear Yard Minimum: 3.0m;
13.20.14.7
Parking: general Parking requirements apply;
13.20.14.8
Loading Spaces: 1 opposite each loading door with a minimum of
1;
13.20.14.9
Site Area Minimum: Existing Site;
13.20.14.10 Site Frontage Minimum: 30.0m;
13.20.14.11 any regulations not specifically referred to above including Building
elevations, will be subject to approval by the Municipal Planning
Commission; and
13.20.14.12 the Site Plan, the relationship between Buildings, structures and
Open Space, the architectural treatment of Buildings, the provision
and architecture of landscaped Open Space, and the Parking
layout, will be subject to approval by the Municipal Planning
Commission.
13.20.15
To allow for compatible redevelopment on Sites listed below, Townhouses
and Apartments will be added to the list of Discretionary Uses in the
applicable Zone to allow redevelopment of the Site to less than, or
equivalent, Gross Floor Area as the existing Building and to a maximum
height of 2.0 storeys or 10.0m measured from the average of the Site
Grade. The Riverside Meadows Overlay will continue to apply:
Lot
Block
Plan
Street Address
29
1
7621574
5963 60A Street
1-2
15
7604S
5514 60 Street
15-17
1
297BH
5904 60 Avenue
18
D
1846TR
5841 60 Avenue
19
D
1846TR
5837 60 Avenue
20
D
1846TR
5833 60 Avenue
486
22
D
1846TR
5829 60 Avenue
1A
2
1030NY
5713 60 Avenue
28-30
A
4359AH
5922 59 Avenue
9
4
4963TR
6042 58A Street
8
4
4963TR
6038 58A Street
7
4
4963TR
6034 58A Street
6
4
4963TR
6030 58A Street
5
4
4963TR
6026 58A Street
4
4
4963TR
6022 58A Street
3
4
4963TR
6018 58A Street
2
4
4963TR
6014 58A Street
1
4
4963TR
6010 58A Street
1-3
3
934AJ
5804 58 Avenue
9-10
5
7604S
5921 58 Avenue
14
C
5534HW
5920 58 Avenue
21
3
9720243
5816 58 Avenue
26
4
8022765
5811 58 Avenue
19A
2
7621867
5804 58 Avenue
19B
2
7621867
5802 58 Avenue
Z
5
7604S
5918 57 Avenue
13-14
5
7604S
5910 57 Avenue
15-16
5
7604S
5906 57 Avenue
9
9
5692KS
5819 57 Avenue
7-8
9
7604S
5815 57 Avenue
25
4
8020600
5812 57 Avenue
27
3
7923071
5714 57 Avenue
25-26
3
7604S
5704 57 Avenue
1-3
1
3331AJ
5639 56 Street
487
9-11
1
3331AJ
5621 56 Street
25-26
7
7604S
6010 56 Avenue
3-4
15
7604S
6005 56 Avenue
1-2
15
7604S
6001 56 Avenue
18-19
9
7604S
5816 56 Avenue
20-21
9
7604S
5812 56 Avenue
1-2
13
2800AJ
5805 56 Avenue
10-11
12
5296HW
5721 56 Avenue
8A
12
7921790
5715 56 Avenue
25-30
1
3331AJ
5608 55 Street
Z
23
7604S
5914 52 Avenue
13.20.16
On the Sites listed below, semi-detached housing with a common rear wall
(back-to-back Duplex) will be added to the list of Discretionary Uses set out
in the applicable Zone:
Lot
Block
Plan
Street Address
1-2
2
934AJ
5831 58A Street
6-8
2
934AJ
5821 58A Street
21, 22
2
8721703
5826 & 5827 58A
Street, if they both
developed
concurrently.
9-10
2
934AJ
5817 58A Street
23
2
0727482
5813 58A Street
24
2
0727482
5811 58A Street
13.20.17
To allow diverse forms of advertising in the C-1 and C-4 Zones for Sites that
have no less than 100.0m Frontage on Gaetz Avenue and offer conference
and convention space, Dynamic Signs which comply with Sign regulations
may be allowed as a Discretionary Use on the following Sites:
488
13.20.17.1
Lot E, Plan 5009KS (3310 50 Avenue);
13.20.17.2
Lot 5, Block 15, Plan 4436TR (2929 50 Avenue);
13.20.17.3
Lot 1A, Block 44, Plan 812 1177 (4311 49 Avenue).
13.20.18
On Lot 1-3, Block 5, Plan H (4802-51 Avenue), the relocation of a Dynamic
Fascia Sign, lawfully in existence on September 30, 2010, to another
location on the same Site, is a Discretionary Use provided the Dynamic part
of the Sign is not altered and provided the Sign complies with the
applicable Sign regulations.
13.20.19
To allow for the compatible redevelopment on Sites listed below,
Townhouses and Apartments will be added to the list of Discretionary Uses
to allow redevelopment of the Site to less than or equivalent Gross Floor
Area as the existing Building and to a maximum height of 2.0 storeys or
10.0m or to the maximum height of the existing Building, with the Riverside
Meadows and West Park Overlay continuing to apply:
Lot
Block
Plan
Civic Address
10-11
E
K11
5601 42 Street
2
A
3019KS
5506 41 Street
1
1
223AI
3930 55 Avenue
5
2
4618KS
3926 56 Avenue
Z
1
223AI
3905 56 Avenue
1
7
1429HW
3815 54 Avenue
14-16
9
6269AF
5409 38 Street
5
19
970KS
5501 37 Street
1
25
970KS
5553 36 Street
54
31
7520383
2 Watson Street
53
31
7520383
4 Watson Street
52
31
7520383
6 Watson Street
51
31
7520383
8 Watson Street
50
31
7520383
10 Watson Street
49
31
7520383
12 Watson Street
489
48
31
7520383
14 Watson Street
47
31
7520383
16 Watson Street
46
31
7520383
18 Watson Street
45A
31
7520383
20 Watson Street
13.20.20
Subject to the approval of the Municipal Planning Commission, on Lot 6A,
Block 18, Plan H (4922 49 Street), 2 Dynamic Fascia Signs are allowed on
the existing Building, provided the overall signage, including the Dynamic
Fascia Signs, otherwise complies with Sign regulations.
13.20.21
The location highlighted below, south of Timberlands Drive and Abutting
the Road right of way, will be restricted to a Mixed-Use Building as
described herein:
13.20.21.1
a part of the Building must Abut Timberlands Drive;
13.20.21.2
the Building must be comprised of Main Floor Commercial use and
3.0 storeys of Apartment;
13.20.21.3
the Building must have an active Commercial street face built close
to or Abutting Timberlands Drive;
13.20.21.4
for further clarity, the restrictions of subsection 13.20.21 will be
considered fundamental land use restrictions applicable to this
location highlighted below; and the restrictions of subsection
13.20.21 will 'overlay' or restrict and limit the listed Permitted and
Discretionary Uses of any general Land Use Zone that may
otherwise apply to the location highlighted;
13.20.21.5
no Cannabis Retails Sales will be permitted.
490
13.20.22
108Deleted
13.20.23
In accordance with the I-2 Zone, the following exceptions apply to the Site
located at 27251 Township Road 391 (short legal: NW ¼ Sec 3-39-27-W4,
Linc 0018975856):
13.20.23.1
any expansion of the use or Development will require the
submission of a detailed noise impact study by the proponent,
prepared by a qualified consultant, to determine what Site
mitigation measures are required to avoid excess sound emissions
to the satisfaction of the Development Officer.
108 3357/EE-2024
Figure 13.20-1: Timberlands Drive Site Exception Map
491
13.20.24
In accordance with the C-4 Zoning of this Zoning Bylaw, on Lot 1, Block 2,
Plan 932 1800 (2506 19 Street) Development requires approval by the
Development Authority and is subject to the following regulations:
13.20.24.1
Requirements
13.20.24.1.1
Site Coverage: maximum of 25%;
13.20.24.1.2
Building Height: maximum of 2 storeys (maximum
9.0m);
13.20.24.1.3
Landscaped Area minimum: 20% of Site Area;
13.20.24.1.4
Parking Spaces: general Parking requirements apply;
13.20.24.1.5
Design Criteria: subject to subsection 13.20.24.3.
13.20.24.2
Development Authority
13.20.24.2.1
Development Officers are the Development Authority
for all uses and Development on this Site. In exercising
its approval powers, the Development Authority must
ensure that Development, in addition to the above
Requirements, also complies with any design criteria;
13.20.24.2.2
Variances to the requirements or design criteria will not
be considered;
13.20.24.2.3
All regulations, Site Plan, Site access, the relationship
between Buildings, structures and Open Space, the
architectural treatment of any Building, the provision
and architecture of Landscaped Areas, and the Parking
layout will be subject to approval by the Development
Authority.
13.20.24.3
Design Criteria
13.20.24.3.1
The Design Criteria in this Site exception will prevail
over any underlying Zone design criteria;
13.20.24.3.2
The physical relationship of Building with the Road is
critical in establishing the overall character of the area.
The Building must have a strong presence along its
Road fronting Boundary and an inviting interface with
the Sidewalk and Road;
492
13.20.24.3.3
Developments must create variety, character,
comfortable scale, and visual interest by incorporating a
variety of Building styles;
13.20.24.3.4
The Principles of Crime Prevention Through
Environmental Design must be applied to all
Development;
13.20.24.3.5
High quality hard and soft landscaping elements must
be provided including trees and shrubs that add value
throughout all seasons;
13.20.24.3.6
Developments must be designed with green
technologies and materials that reduce energy, waste
and conserve water such as green roofs, solar energy
systems, Zone energy;
13.20.24.3.7
Building fronting collector Roads will have minimal
Front Yard Setbacks unless additional space is required
for such things as an eating patio, major private art
display, water feature or other amenity;
13.20.24.3.8
The Rear Yard Setbacks will be flexible and as required
to allow for Site access, Site Parking, loading, and
servicing. The west Yard Setback to Building to be a
minimum of 23.0m, except for the southwest corner of
the Site permitting a minimum Setback of 7.0m to
Building Façade;
13.20.24.3.9
Developers must create opportunities for pedestrian
linkages to the east and south only;
13.20.24.3.10 Street elevations of Buildings on Corner Sites must have
equal Sidewalk interface and architectural corner
features and high-quality elevation treatments along
each side;
13.20.24.3.11 Building walls facing a Road must be articulated at
approximately 6.0-8.0m intervals containing varied
design elements such as entrances, windows, vertical
accents, Setbacks, canopies, Signs, Projections, and roof
lines;
13.20.24.3.12 All businesses or stores must have their own clearly
identifiable Road level entry;
493
13.20.24.3.13 All Commercial ground floor elevations facing a Road
must contain un-tinted glass windows;
13.20.24.3.14 Underground Parking is encouraged. All surface Parking
must be paved and located behind the Building in
carefully designed, landscaped lots with defined,
integrated pedestrian connections to Sidewalks and
trails. No surface Parking will be allowed between a
Road and a Building;
13.20.24.3.15 To assist in establishing a sustainable urban
environment, internal private lanes are encouraged as
part of the design to allow servicing, access to Parking,
as well as key pedestrian linkages;
13.20.24.3.16 Signs must comply with the Sign requirements of this
Bylaw for the C-1 Zone;
13.20.24.3.17 Illuminated Signs mounted on Buildings will not be
permitted, except for a fuel sales Site. Signs may be
accentuated by lighting fixtures projecting light either
back at the Building or down towards the ground;
13.20.24.3.18 A 2.4m high solid opaque fence is required along the
entire west Boundary;
13.20.24.3.19 Waste containers must be part of a partially or wholly
underground waste disposal system.
13.20.24.3.20 The majority of the tree buffer along the northwest
Boundary be retained;
13.20.24.3.21 The location of fuel sales and accessory car wash are
located Adjacent to the arterial and collector Roads
away from the R-L Zoning to the west.
13.20.25
On Lot 1, Block 7, Plan 8621676 (3942 50A Avenue), a Supervised
Consumption Services may be considered as a Discretionary Use with City
Council as the Development Authority.
13.20.26
At 6300 Cronquist Drive (Heritage Ranch, in the SW ¼ Sec 18; 38-27-W4),
any legally existing use prior to January 8, 2017, will be considered a
Discretionary Use.
494
13.20.27
On Lots 4 & 5, Block 7, Plan 0122229 (6359 50 Avenue), and on Lot 1, Block
6, Plan 0423742 (4900 Molly Bannister Drive), Sign dimensions will be
permitted at the following:
Maximum Sign Height
Maximum Sign Area
9.0m where the Site is Adjacent
to an arterial Road,
25.0m where the Site is
Adjacent to a service Road.
First Sign: 36.0m²,
Additional Signs: 25.0m2.
13.30
Areas Specifically Exempted from a Particular Use
13.30.1
No new or used car lot or Trailer sales establishment will be permitted on
any Site situated on any of the following areas:
Abutting
Between
And
Ross Street
48 Avenue
51 Avenue
Gaetz Avenue
47 Street
53 Street
49 Avenue
Lane South of
49 Street
Lane North of 51
Street
13.30.2
On those Sites in the Heritage Business Park, or parts thereof in subsection
13.30.2, the following uses will not be allowed:
13.30.2.1
a Gaming Establishment or Drinking Establishment on:
13.30.2.1.1
Lot 3, Block 13, Plan 832-2275 (6290-67A Street);
13.30.2.1.2
Lot 6, Block 13, Plan 912-1753 (6284-67A Street);
13.30.2.1.3
Lot 8, Block 13, Plan 952-4412 (6264-67A Street);
13.30.2.1.4
Lot 7, Block 13, Plan 952-4124 (6104-67A Street).
13.30.3
On Lot 174, Block 2, Plan 142 1595 (42 Timberstone Way) no uses of the R-
M Residential (Medium Density) Zone will be allowed except for Supportive
Living Accommodations and 'big house' styled Apartment up to 3 storeys,
both of which will be Discretionary Uses on this Site.
13.30.4
On Lot 1, Block 7, Plan 952 0967 (2827-30 Avenue) the following uses will
not be allowed as either Permitted Uses or Discretionary Uses:
495
13.30.4.1
Liquor, Beer, and Wine Sales;
13.30.4.2
Service Station.
13.30.5
On Lot 1, Block 2, Plan 932 1800 (2506 19 Street) the following will not be
allowed as either Permitted Uses or Discretionary Uses:
13.30.5.1
Mixed-Use Building;
13.30.5.2
Home Occupation Minor;
13.30.5.3
Home Occupation Major;
13.30.5.4
Apartment with a minimum density of 35 Dwelling Units per
hectare;
13.30.5.5
Townhouse with a minimum density of 35 Dwelling Units per
hectare;
13.30.5.6
Show Home;
13.30.5.7
Accessory Building;
13.30.5.8
Accessory Use;
13.30.5.9
Supportive Living Accommodations;
13.30.5.10
Commercial Entertainment Facility;
13.30.5.11
Drinking Establishment (Adult Entertainment Prohibited);
13.30.5.12
Parking Lot;
13.30.5.13
Parking Structure;
13.30.5.14
Public Assembly;
13.30.5.15
Outdoor Display or Sale of Goods;
13.30.5.16
Restaurant with Drive-Through;
13.30.5.17
Cannabis Retail Sales.
13.30.6
On 4718-19 Street, Motor Vehicle Sales will not be allowed as either a
Permitted or Discretionary Use.
13.30.7
At 6300 Cronquist Drive (Heritage Ranch, in the SW ¼ Sec 18; 38-27-W4),
no uses or Development will be permitted in the Restricted Development
Area as shown in Figure 13.30-1 and "Land Use Constraints Map I14". All
other uses and Development are subject to the provisions of DC(32).
496
13.30.8
109On Lot 1, Block 1, Plan 112 1863 (3523 67 Street) the following uses will
not be allowed as either Permitted Uses or Discretionary Uses:
13.30.8.1
Apartment;
13.30.8.2
Townhouse, in one or more Buildings, with more than 40 Dwelling
Units in total.
13.30.9
110Despite subsection 9.40.3, on Lot 2, Block 1, Plan 152 2489 (4240 59
Street) a Charitable Distribution Centre is not allowed.
Figure 13.30-1: Heritage Ranch Restricted Development Area
109 3357/J-2025
110 3357/W-2026