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PART 4 - GENERAL REGULATIONS
4.1
Applicability
4.1.1 The general regulations shall apply to all development within the
Town. Where there appears to be a conflict between this Part and
other Parts of the Bylaw, the more stringent regulations shall prevail.
4.2
Access Standards
4.2.1 The Development Authority shall not approve a development permit
unless provision for access is included with the application for
development permit.
4.2.2 All access shall be to the approval of the Development Authority with
respect to location, design, and construction standards.
4.2.3 Where a site abuts two roads, either existing or proposed, access to
the site shall be to the road of lesser traffic volume, unless otherwise
approved by the Development Authority.
4.2.4 The Development Authority may impose a condition of the
development permit, requiring the applicant to enter into a
development agreement with the Town to construct or pay for the
construction or upgrading of a road or walkway necessary to serve
the development.
Setbacks from Provincial Highways
4.2.5 Proposed development within 300 m of the highway boundary or
within 800 m of the centre point of an intersection of the highway
with another road requires approval from the Government of Alberta
prior to the issuance of a development permit.
4.3
Accessory Development
4.3.1 An accessory building, structure or use shall not be considered
without an approved principal building, structure or use.
4.3.2 An accessory building, structure or use shall be considered a
permitted use when accessory to a permitted use and a discretionary
use when accessory to a discretionary use.
4.3.3 Specific regulations for accessory buildings, structures and uses may
be provided for within each land use district. Should a land use
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district not contain specific regulations for accessory buildings,
structures and uses, the regulations for principal buildings shall apply.
4.3.4. An accessory building shall not be used as a dwelling, except where
authorized by this Bylaw.
4.3.5 A previously approved accessory building when it is physically
attached to the principal building, through the roof or wall structure
shall be considered part of the principal building.
4.3.6. An accessory building or structure shall not be constructed over an
easement or right-of-way.
4.3.7 An accessory building or structure in a non-residential district,
abutting a residential district, shall be set back a minimum of 3.0 m
from the boundary of the residential district and shall not be higher
than the maximum height of a principal building in the abutting
residential district, or the district regulations whichever is greater.
4.3.8 In residential districts that allow for a zero setback to a lot line, an
accessory building that is a mutual garage may be developed on the
common lot line. The minimum side yard for the opposite side lot line
shall be as required within the applicable residential district
provisions.
4.3.9 The setback for an accessory building or structure shall not be less
than the side yard required for the principal building on the side lot
line abutting a flanking road.
4.4
Amenity Spaces
4.4.1 Amenity space shall be a minimum of 3.5m2 per dwelling unit for
townhouses, multiple dwellings, and apartment dwellings.
4.4.2 Amenity space shall consist of both common amenity space and
private amenity space.
4.4.3 Common amenity space shall:
a)
consist of a minimum of one contiguous area;
b)
contain seating and may contain other amenities such as play
structures, gazebos, barbeques;
c)
if located outside, shall be provided in a general landscape
area; and
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d)
in a location accessible and highly visible from the principal
building.
4.4.4 Private amenity space shall be a minimum of 1.5m2 per dwelling unit
for townhouses, multiple dwellings, and apartment dwellings.
4.4.5 Amenity space provided at ground level within 4.0m of a road, lane,
on-site parking area or adjacent parcel shall be screened to the
satisfaction of the Development Authority. When considering the
amount and type of screening required, the Development Authority
shall consider the type of amenity provided (e.g. children's play area),
and the likely safety issues and adverse effects arising from the
amenity and its location.
4.5
Demolition of Buildings and Structures
4.5.1 Demolition of buildings and structures may require reclamation of the
site; mitigation measures, such as dust control, protective barriers;
and other such provisions deemed appropriate by the Development
Authority to protect the public as well as public and private
property.
4.5.2 If any demolition or removal of a building or structure involves
working on or near public property, the applicant may be required to
provide financial security in an amount satisfactory to the Town, to
protect against damage to surrounding properties.
4.5.3 Demolition of a portion of building shall be considered to be a change
in intensity of the use and/or redevelopment of the existing building.
The resultant building and use shall be subject to the provisions of
this Bylaw.
4.6
Design Standards
General Standards
4.6.1 In all development, the design and use of exterior finishing materials
shall be to the satisfaction of the Development Authority who shall
ensure, as far as reasonably practical, that the materials are durable
and similar to, or better than the standard of development on the
subject and adjacent sites.
4.6.2 All sides of a building exposed to view from a road or other public
space shall be architecturally designed and finished as a principal
facade.
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4.6.3 A box-like appearance in building design and large expanses of
uninterrupted building surfaces shall be avoided by adding definition
through colour or material details.
4.6.4 The design should discourage crime by reducing concealment
opportunities, providing lighting to minimize dark spaces and
encourage pedestrian safety, placing of windows to maximize
informal surveillance, and easily identifying street addresses.
Standards Affecting Multi-Family, Commercial, or Institutional Development
4.6.5 Each site shall be designed with due regard and sensitivity to adjacent
lots and development, in order to ensure development is
complimentary and compatible. The design of a site shall consider the
privacy of any adjacent residential development.
4.6.6 Buildings are encouraged to be sited, oriented and designed to:
a)
take into consideration solar benefits and opportunities; and
b)
minimize impact on other buildings, considering such things as
daylight, sunlight, ventilation, visual privacy and views.
4.6.7 All loading, service, trash collection and accessory storage areas, shall
be located to the rear or sides of the principal building, and be
screened from view from any road other than a lane, and from
adjacent sites, by building walls, landscape materials, berms, fences or
a combination of these, to the satisfaction of the Development
Authority;
4.6.8 Appropriate lighting shall be undertaken to provide security and to
add visual interest. Lighting standards and fixtures shall be of
consistent design and complimentary to the overall architecture.
4.6.9 Development should provide a transition in building height and
massing in relation to development in surrounding neighbourhoods.
Standards Affecting Industrial Development
4.6.10 Any use or activity in an Industrial land use district should have
regard for the following appearance standards:
a)
all loading, service, trash collection and accessory storage
areas, and vehicle compounds shall be located to the rear or
sides of the principal building, and be screened from view from
any road other than a lane, and from adjacent sites, by building
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walls, landscape materials, berms, fences or a combination of
these, to the satisfaction of the Development Authority;
b)
buildings should be constructed and finished with durable
materials designed to maintain the initial appearance of the
development throughout the life of the project. The
Development Authority may require that the appearance of
metal, or concrete block walls exposed to public view from
beyond the site be improved where such walls are inconsistent
with the finishing materials or appearance characteristic of
adjacent development; and
c)
where allowed, outside display areas may be located to the
side or front of the principal building, provided that such
displays are limited to examples of equipment or material
related to the industry or business located on the site.
4.7
Easements, Utility Right-of-Ways, and Public Utility Lots
4.7.1 No structure including any associated foundations or eaves shall be
constructed or placed on a utility easement unless:
a)
Written consent has been obtained from the person or
authority for whose use the easement has been granted; and
b)
The proposed structure does not restrict access to the utility
easement for the purpose of installation and maintenance of
the utility in the opinion of the Development Authority.
4.7.2 No development other than a utility or a park shall occur on a lot
designated as a public utility lot.
4.7.3 Notwithstanding Subsection 4.7.2 above, an existing development
and/or use may be permitted, provided that it is the subject of an
encroachment agreement.
4.8
Environmental Features
a)
Water Features
4.8.1 A minimum setback of 30.0 m is required from the top of bank of any
watercourse or water body, unless the Development Authority is
provided with an environmental and geotechnical assessment
prepared by a qualified professional that verifies that a lesser setback
is warranted. The Development Authority shall require a setback
greater than 30.0 m where determined by the assessment.
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4.8.2 The minimum setback and the requirements for an environmental and
geotechnical assessment indicated in 4.8.1 above may be reduced or
eliminated where the Development Authority is satisfied that there is
no risk or adverse effect on development or the riparian area.
4.8.3 No trees shall be cleared or removed from any land which lies within
the minimum setback from the top of bank to a watercourse or water
body, unless the Development Authority receives written
confirmation from a qualified professional indicating:
a)
that the removal is necessary in order to provide access to the
watercourse or water body; and
b)
the area where trees or vegetation may be removed.
b)
Gas and Oil Well
4.8.4 The Development Authority shall not issue a development permit if it
would result in a permanent dwelling or public facility, as defined by
the AER, being located within 100 metres of a gas or oil well or within
a lesser distance approved in writing by the AER. This does not
include an abandoned well site.
c)
Wastewater Treatment
4.8.5 The Development Authority shall not issue a development permit for
a school, hospital, food establishment or residence within 300 metres
of the working area of an operating wastewater treatment plant nor
may a school, hospital, food establishment or residence be
constructed if the building site is within 300 metres of the working
area of an operating wastewater treatment plant.
4.9
Fences
4.9.1 The maximum height of a fence shall be 1.85 m.
4.9.2 The Development Authority may vary the height of a fence in
commercial or industrial districts in order to provide additional
security or safety from roads or adjacent development subject to
Section 3.13.
4.9.2 A proposed fence should be complimentary and compatible with the
principal building to the satisfaction of the Development Authority.
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4.9.4 Fences consisting of barbed wire and posts shall only be allowed
within the UR District, but shall not be permitted on the property line
which separates the UR District from any other land use district.
4.9.5 Fencing in residential districts shall be in accordance with the
following:
4.9.6 The Development Authority may require a solid fence to be installed
where a non-residential or multi-residential development is proposed
to abut a residential development, a public park, a school and
institution or other similar use in order to mitigate any potential
nuisance caused by the proposed development.
4.10 Height and Grade
4.10.1 The proposed building grade shall, to the extent practical, retain the
natural contour of the land, minimize the necessity to use retaining
walls, and ensure positive drainage to the receiving drainage courses
or watercourses.
4.10.2 In determining whether a development conforms to the maximum
height permitted in any land use district, structures such as industrial
processing towers, chimney stacks, monuments, steeples, elevator
housings, roof stairway entrances, ventilating equipment, skylights,
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solar collectors or flagpoles for federal, provincial, or municipal flags
shall not be considered for the purpose of determining the height.
4.10.3 Calculation of the building height shall be determined by the vertical
distance between building grade and the highest point of the building
with a non-sloping roof or a roof that slopes less than 20 degrees. On
a roof sloping more than 20 degrees, it is measured to the mid-point
between the eave line and the ridge of a sloping roof provided that the
ridge shall be no more than 2.0 m above the maximum building height
in the District.
4.11 General Landscaping
4.11.1 All new development shall require landscaping in accordance with
this section.
4.11.2 All residential development shall complete the front yard landscaping
of the lot within twelve (12) months of completing construction of the
approved development.
4.11.3 An expansion or change to an existing development that requires a
Development Permit may require landscaping at the discretion of the
Development Authority. This requirement will not apply to
developments that consist of interior alterations only or those that do
not alter the size, scale or character of the existing building.
4.11.4 In any district all required yards and all open spaces or undeveloped
areas excluding parking areas, driveways, sidewalks, outdoor storage
and service areas shall be landscaped in accordance with an approved
landscaping plan. The following districts shall be exempt from this
requirement:
a) R-LD Low Density Residential
b) R-MD Medium Density Residential
c) R-MH Modular Home Residential
d) UR Urban Reserve
4.11.5 A landscape plan shall be prepared by a Landscape Architectural
Technologist or equivalent. This requirement shall not apply if the
proposed development is located on a site of less than 675m2 in total
area.
4.11.6 A landscape plan must show the following:
a)
the property lines and dimensions of the site;
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b)
a north arrow;
c)
a signed stamp of the Landscape Architectural Technologist or
equivalent;
d)
features located adjacent and within the site, including streets,
sidewalks, lanes, driveways, vehicular accesses, street lights,
street furnishings, and boulevard landscaping;
e)
location of all buildings, parking areas, vehicular and
pedestrian circulation systems on the subject site;
f)
all overhead, surface and underground utilities, limits of
easements and rights-of-way;
g)
existing and proposed topography;
h)
existing vegetation and indication whether it is to be retained
or removed;
i)
the layout of berms, retaining walls, screening, delineation of
both soft and hard surfaced landscaped areas;
j)
the location, height and design of all proposed retaining walls,
fences and screens;
k)
typical planting details indicating soil depths and mulch types;
and,
l)
a table indicating the type and quantities of plant material
required and the quantities provided.
4.11.7 Notwithstanding 4.11.4 any portion of the site not occupied by
building(s), vehicle and pedestrian circulation area or parking areas
shall be landscaped.
4.11.8 A garbage collection area, an open storage area, or an outdoor service
area, including any loading and vehicular service area, which is visible
from an adjacent site in a residential district or from a public road
other than a lane, shall be fenced or have screen planting or both. The
location, length, thickness and height of such fence or screen planting
shall be in accordance with the landscape plan approved by the
Development Authority. Such fence or screen planting or both shall be
maintained to provide effective screening from the ground to a height
of 1.85 m.
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4.11.9 For the purpose of determining the required number of trees and
shrubs to be planted, the calculation of the landscape area shall
include the entire portion of the site not covered by the building(s),
parking areas, access, internal drive aisles, and internal sidewalks.
4.11.10 All required landscape areas are to meet the following landscape
requirements:
a)
Provide a minimum of one tree for every 35.0m2 required
setback area, and one shrub for every 15.0m2 of required
setback area. At the discretion on the Development Authority,
however no more than 30% of the required trees may be
substituted with shrubs.
4.11.11 If the required landscaped yards, or portions thereof, contain native
trees and shrubs the area may be maintained in its natural vegetated
state at the discretion of the Development Authority. Vegetation
preserved on the site may, at the discretion of the Development
Authority, be credited to the total Landscaping requirements.
Consideration must be given to the following:
a) ensuring the safety and maintainability of the site and its
surroundings; and
b) the health and viability of the existing vegetation.
4.11.12 All landscaped areas shall be designed and constructed in accordance
with the approved grading plan for the site.
4.11.13 The landowner shall be responsible for landscaping of the site and the
subsequent maintenance of the landscape area for two (2) years from
the date of substantial completion of the work. The registered owner
shall replace any landscaping materials that do not survive the two
(2) year maintenance period, with suitable, similar materials as
approved by the Development Authority.
4.12 Landscape Planting Requirements
4.12.1 All plant materials must conform to the horticultural standards of the
most current edition of the Canadian Standards for Nursery Stock
from the Canadian Nursery Landscape Association. The use of drought
tolerant plant material and the application of Xeriscaping principles
are encouraged. The following planting requirements shall be met in
all landscaped areas:
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a) A minimum of one third of all required trees must be coniferous.
Coniferous trees must be a minimum height of 2.5 m and at least
50% of the required coniferous trees must be a minimum of 3.5 m
in height at the time of planting;
b) Deciduous trees must have a minimum caliper of 65 mm and at
least 50% of the provided deciduous trees must have a minimum
caliper of 75 mm at the time of planting;
c) A minimum of one third of all required shrubs must be coniferous.
Coniferous shrubs must be a minimum spread of 450 mm at the
time of planting. Smaller shrubs may be accepted depending on
the species of shrub, and at the discretion of the Development
Authority; and
d) Deciduous shrubs must be a minimum height of 450 mm at the
time of planting. Smaller shrubs may be accepted depending on
the species of shrub, and at the discretion of the Development
Authority.
4.13 Landscape Security
4.13.1 The Development Authority may require, as a condition of a
development permit that the owner provide a guaranteed security to
ensure that landscaping is completed and maintained for two (2)
years. The security shall be cash or an irrevocable letter of credit
having the value equivalent to 100% of the established landscaping
costs.
4.13.2 Where applicable, the Development Authority shall require an
applicant to prepare and forward an estimate for the cost of supplying
and installing materials shown on a landscape plan. The estimate shall
be prepared by a qualified individual or company and shall outline the
total cost of materials and labour to the satisfaction of the
Development Authority.
4.13.3 If cash is offered as the landscaping security, the Town shall hold the
cash security until the landscaping has been installed and successfully
maintained for two (2) years, as determined by and to the satisfaction
of the Development Authority.
4.13.4 If a letter of credit is offered as the landscaping security, it shall be an
irrevocable automatically renewable letter or credit. The Town shall
hold the letter of credit until the landscaping has been installed and
successfully maintained for two (2) years, as determined by and to the
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satisfaction of the Development Authority.
4.13.5 The owner shall notify the Town sixty (60) days prior to the expiry
date of the letter of credit, in order to provide sufficient time for the
Development Authority to inspect the site and to determine if the
landscaping is installed and maintained in accordance with the
regulations of this Bylaw. If landscaping conditions are satisfactory to
the Development Authority, the letter of credit may be released. If
inspection cannot be made within this sixty (60) day period due to
weather conditions or other extenuating circumstances, the letter of
credit shall automatically renew for a further one (1) year term.
4.13.6 Upon application by the owner's representative, the cash security or
letter of credit may be reduced at the discretion of the Development
Authority, when any of the following events occur and are to the
satisfaction of the Development Authority:
a)
the required landscaping has been properly installed; or
b)
the required landscaping has been maintained and is in a
healthy condition after one (1) growing season.
4.13.7 At the request of the owner, the cash security or letter of credit shall
be released when the Development Authority is satisfied that the
required landscaping has been installed, maintained and is in a
healthy condition after two (2) growing seasons.
4.13.8 Where the owner does not complete the required landscaping, or if
the owner fails to maintain the landscaping in a healthy condition to
the satisfaction of the Development Authority the Town may draw on
the securities and the amount thereof shall be paid to the Town for its'
use absolutely. Should the securities be insufficient for the Town to
complete the required work, should it elect to do so, then the owner
shall pay such deficiency to the Town immediately upon being
invoiced. The Town shall provide an accounting to the owner
indicating how the proceeds of the security were applied within sixty
(60) days of completing or maintaining the landscaping.
4.13.9
Upon receipt of a written request from the parties involved in the
development, including but not limited to, the property owner,
condominium association or the issuer of the letter of credit, an
inspection of the finished landscaping may be scheduled by the
Development Authority. Inspections may be made during the normal
growing season, approximately June 1 through September 30. All
reasonable effort shall be made by the Development Authority to
perform the inspection within ten (10) working days of receipt of the
inspection request.
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4.14 Outdoor Lighting
4.14.1 The provisions of this Section shall apply to all development, except:
a)
lighting required under the Alberta Building Code;
b)
outdoor lighting fixtures which are necessary for worker
safety;
c)
seasonal decorations; or
d)
signs.
4.14.2 All outdoor lighting shall be located, aimed and shielded in a manner
that does not directly illuminate a road or an adjacent residential area.
4.14.3Outdoor lighting used to illuminate flags, statues, or other objects
mounted on a pole, pedestal or platform, or floodlighting used for
architectural or landscape purposes must be aimed so that the
directed light is substantially confined to the object(s) intended to be
illuminated.
4.15 Multiple Uses
4.15.1 Where any land, building or structure is used for more than one
purpose; all provisions of this Bylaw relating to each individual use
shall apply. If there are conflicts between standards for individual
uses, the more stringent standard shall apply.
4.16 Projections
4.16.1 The following may project up to 0.6m into a required setback of 1.2m
or greater:
a)
cantilever, however at least 1.2m shall be maintained
between the wall designed with the cantilever and the lot line;
b)
architectural or ornamental features such as cornices, leaders,
eaves, gutters, pilasters, sills and awnings;
c)
fireplaces and chimneys, provided the horizontal length of
each projects shall not exceed a total of 1.83m; or
d)
satellite dishes 1.22m or less in diameter.
4.16.2 Where there is more than one cantilever or fireplace/chimney or
both, the total horizontal length of all cantilevers shall not exceed one-
third of the length of the building wall exclusive of any garage walls or
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3.05m, whichever is the lessor.
4.16.3 The following may project into a required setback as outlined below,
provided there is no encroachment onto an easement or utility right
of way;
a)
decks (or patios), less than 0.6m in height, up to a maximum of
2.0m into a required front yard and flanking yard setback and
up to the lot line that abuts a side yard or rear yard;
b)
decks, greater than 0.6m in height, up to a maximum of:
i)
2.0m into a required front yard and flanking yard
setback;
ii)
3.5m into a required rear yard setback;
iii)
0.6m into a required side yard setback;
c)
unenclosed steps, landings and stairs which are attached to or
abutting a principal building and provide direct access from
ground level to the principal building up to a maximum of 2.0m
into a front yard setback and 3.5m into the rear yard setback
and 0.6m from the side yard setback;
d)
balconies up to a maximum of:
i)
2.0m into a required front yard setback;
ii)
3.5m into a required rear yard setback;
iii)
0.6 into a required side yard setback;
e)
eaves and eavestrough up to a maximum of 0.5m into a
required setback for accessory buildings.
4.16.4 Utilities and similar structures constructed entirely beneath the
surface of the ground may encroach into required yards provided
such underground encroachments do not result in a grade
inconsistent with adjacent properties and the encroachments are
covered by sufficient soil depth or surface treatment to foster
landscaping.
4.17 Queuing
4.17.1 Drive lanes shall have a sufficient turning radius to accommodate
vehicle entrance to the drive through aisle.
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4.17.2 No pedestrian access into the premises shall cross the drive through
aisle.
4.17.3 Where the drive aisle is adjacent to a residential district, landscape
screening shall be provided in accordance with this Bylaw.
4.17.4 The queuing space must not overlap with any parking spaces or drive
aisles.
4.17.5 All drive through services shall comply with the following regulations:
a)
each queuing space shall be a minimum of 6.0 m long and 2.8 m
wide;
b)
for drive-in food services facilities a minimum of four (4)
queuing spaces shall be provided per service lane, plus a
minimum of one (1) queuing space located downstream of the
service window;
c)
for financial services drive-through facilities a minimum of two
(2) queuing spaces shall be provided per service lane, plus a
minimum of one (1) queuing space located downstream of the
service window;
d)
for car washing establishments a minimum of four (4) queuing
spaces shall be provided per service lane or wash bay, plus a
minimum of one (1) queuing space located downstream of the
service lane or wash bay; and
e)
for all other drive-through vehicle services not specified above
a minimum of (4) queuing spaces per service land, plus a
minimum of one (1) queuing space located downstream of the
service lane, bay or window.
4.17.6 The Development Authority may reduce the number of queuing
spaces if it can be shown that the traffic volume for the proposed used
does not warrant the need for the required queuing spaces.
4.18 Site Services and Improvements
4.18.1 Site servicing such as private or public sewer, water, site grading,
surface drainage and stormwater management for individual lots or
bareland condominium units required as a result of a proposed
development shall comply with all Town and provincial requirements.
4.18.2 Where private or public sewer, water, site grading, surface drainage,
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stormwater management or other essential services such as natural
gas or power for individual lots or bareland condominium lots are
required by the Development Authority, the Development Authority
may refuse a use or development or impose a condition requiring the
applicant to enter into a development agreement with the Town to
construct or pay for the construction or upgrading of services
necessary to serve the development.
4.18.3The applicant or owner shall provide a guaranteed security to ensure
that all site servicing is constructed, and record drawings are
submitted to the satisfaction of the Development Authority.
4.19 Site Grading
4.19.1 Unless otherwise exempted by this Bylaw, site grading shall not be
allowed in any land use district until a development permit for a
principal use has been issued or a development agreement executed.
4.19.2 Where, in the process of development, areas require site grading,
filling or excavation, the topsoil shall be removed prior to work
commencing and shall be replaced following completion of the work.
4.20 Storage Container (sea can)
4.20.1 Unless exempted by Section 3.5.15 a development permit for a storage
container, permanent or temporary, is required in all districts.
4.20.2 Unless exempted by Section 3.5.15 a storage container shall not be
permitted to locate in a residential district.
4.20.3 A storage container as an accessory structure to an approved use shall
comply with the regulations of the district.
4.20.4 A storage container may be placed temporarily on a multi residential,
commercial, industrial or public service site for purposes of storage of
equipment and materials. A valid development and building permit
for the proposed new use must be issued for the site. The siting of the
storage container must comply with the setback regulations of the
applicable district.