Edmonton (Alta.) - 1964 - Zoning bylaw no. 2135 (1964-03-09)

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CITY PLANNING DEPARTMENT CITY HALL

Wqe ÂŤtitg of

~hmonton

EDMONTON ALBERTA

11

HEART

Re:

OF

CANADA'S

GREAT

NORTH

WEST"

Zoning Bylaw and Amendments

This is to advise that the Zoning Maps in Appendix No. 2 of the Zoning Bylaw No. 2135 are now considerably out of date because of the extended coverage of the Zoning Bylaw and should not therefore be ref erred to as an accurate representation of zoning within the City of Edmonton.

More up to date plans of City zoning

can be obtained from the City Planning Department for $1.50 plus mailing charges.

These are revised once every six to twelve months,

and copies of map amendments thereto during the interim period between revisions may be obtained from the Planning Department for a nominal charge.

I have enclosed a list of Zoning Amendment Bylaws to the original Zoning Bylaw No. 2135 for your information, and I would suggest that you insert these in your copy of the Zoning Bylaw.

Copies of additional amendments will be mailed to you from time to time.

w.

G. Hardcastle, CHIEF PLANNER.

r I_

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GENERAL REFERENCE LIST TO AMENDMENTS

The original Zoning Bylaw for Edmonton was passed in

1933 and was suspended in July, 1950, and interim development control continued until October, 1961, when Zoning Bylaw No. 2135 was passed by City Council.

This Bylaw covered about 30% of the

City which included basically the new residential districts.

Zoning Amendment Bylaw No. 2272 was the first major extension to the areas under zoning coverage, and this amendment increased the coverage to equal about 80% of the City.

Other Zoning Bylaw Amend-

ments are primarily zoning extensions resulting from replotting schemes.

The remaining 20% of the City, including Beverly, is presently under study and a Zoning Bylaw Amendment should soon result in complete coverage of the City.

Number of Zoning Bylaw Amendments Number extending coverage

7

Number altering existing zoning

37

No. of applications initiated by the City

41

No, of applications initiated by private individuals No. of applications refused • No. of applications approved No. of City applications refused No. of private applications refused

•

54

One application pending and one tabled not included,

37 21 16 0

21

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l1

A SUMMARY OF ZONING BYLAW AMENDMENTS

DATE OF FIRST FINAL READING

ZONING CHANGE

BYLAW NO.

&

ARFA AFFECTED

•

Sept. 21/62

127 Ave. between 125 to 127 Sts.

Part as C-1 Commercial and part as R-2 Residential

2261

Dec. 18/61 Mar. 12/62

Lot 5, Block 21, Plan No. 1845 M.C., Sherbrooke

Change 1.18 acs. x from C-1 Commercial to R-3 Residential

2272 2272

Map Amendments were as follows: Feb. 19/62 Kensington, Plan Replotting Oct. 9/62 No. Z3-437, adopted plan to AP, Aug. 1/61. Between A and R-1 134 & 13? Aves. and between 113A & 116 Streets

2272

II

II

Rosslyn, Plan No. Z3-366, adopted June 24/59, between 101 & 102 Sts. and between 135A and 13? Avenues

Replotting Plan to A & R-3

PLAN TEXT x

x

x

·'

2272

II

II

Rosslyn, Plan Replotting No. Z3-436, adopted Plan to C-2 July 14/61, between and R-2 97 & 101 Streets, and between 135 & 137 Avenues

x

2272

II

II

Rosslyn, Plan No, Z3-425, adopted April 27/61, between 134 & 135 Avenues, & between 97 and 101 Streets

x

•

Replotting Plan to C-2 and R-2

Bylaw passed prior to present-day procedure re Zoning Bylaw Amendments.

This summary is for general convenience only, accuracy is not guaranteed, and reference should be made to certified copies of the amending Bylaw.

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BYLAW NO. 2272

DATE OF FIRST FINAL READING

ZONING CHANGE

&

AREA AFFECTED

Feb. 19/62 Oct. 9/62

Glengarry, Plan Replotting No. Z3-438, adopted Plan to R-1 Aug. 1/61, between and AP 90 & 93 Streets between 135 Ave. and the lane North of 135A Avenue.

PLAN TEXT

x

2272

II

II

Glengarry, Plan No. Z3-356, adopted April 14/61, between 86 & 85 Streets and. between 132 and 133 Avenue

Replotting Plan to R-3 for Separate High School

x

2272

II

II

Replotting Plan to R-2A, R-2 and C-1

x

2272

II

II

Glengarry, Plan No. Z2-421, adopted Feb. 28/61, between 82 & 85 Streets & between 132 and 134 Avenues Belvedere, Plan No. Z2-427, adopted May 24/61, between 132 & 137 Avenues and between Fort Trail and 66 St. (approx.)

Replotting Plan to AP, A, R-1, R-2, and C-1

x

2272

"

"

City Park Annex Replotting Addition Plan No. Plan to AP, Z3-361, adopted R-1 and C-1 Apr. 27/59, Plan No. Z2-221, adopted Jan. 29/57 and Plan No. Z3-160, adopted March 13/56, between 121 & 123 Aves. and between 50 to 58 Sts.

x

!

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3

BYLAW NO.

& FINAL READING

DATE OF FIRST AREA AFFECTED

2272

Feb. 19/62 Oct. 9/62

Ottewell, Plan Replotting No. Z2-431, adopted Plan to AP, June 6/61, between A, and R-1 50 & 67A Streets, (approx. ) and 92 to 94B Avenues

x

x

'I I

II

"

Ottewell, Plan No. Z2-424, adopted April 27/61, between 82 and 92 Avenues, and from 50 to 68 Streets

2272

"

"

Ottewell 1 Plan Replotting No. Z2-433, adopted Plan to AP, June 13/61, between R-1 and M-1 68 and 75 Streets, and 82 (in part) to 89 Avenues (excluding CBC T.V. Station at the N.E. corner of 88 Ave. and 75 Street)

x

2272

"

"

Lendrum Place, Plan No.; Z2-435, adopted July 11/61, between 111 & 115 Streets, and 51 to 61 Avenues

x

2272

"

"

Replotting Martin Estate, Plan to AP, Plan No. Z3-450, adopted Nov. 28/61, R-1 and R-2 between 51 & 53 Aves. and lane Ea.st of 107 to 110 Streets

-I ,1 I I I I I I I I !

I

Replotting Plan to AP, A, R-1, R-2 1 R-2A I R-3, C-1, C-2 and M-1

PLAN TEXT

2272

'I , I·

ZONING CHANGE

Replotting Plan to AP, A, R-1, R-3, C-1 and C-2

x

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4

BYLAW NO. 2272

DATE OF FIRST

ZONING CHANGE

& FINAL READING

AREA AFFECTED

Feb. 19/62 Oct. 9/62

Buena Vista, Plan Replotting No. Z2-416, adopted Plan to A, Dec. 20/61, between RRA & RRB 81 & 86 Avenues and 133 Street to Buena Vista Road

x

Recommended to be brought under zoning control.

(Rep lot.ting negotiations are completed) to AP, A, R-1, R-2, and C-1

x

x

PLAN TEXT

2272

II

II

Kensington, between 116 Street & 119 St. and 134 to 137 Avenues

2272

II

II

Glengarry, between 87 and 90 Streets and 135 to 137th Avenues

Recommended to be brought under zoning control. (Replotting negotiations are completed) to A and R-1

2272

II

II

Belvedere, between 131 and 132 Aves. and the lane East of 62 Street to 62 Street

Recommended for x inclusion in the Bylaw - to R-1

2272

II

II

Swift Ca~dian Co. between 125 Avenue and C.N.R. tracks and 58 to 66 Sts.

Recommended for inclusion in the Zoning Bylaw to M-3

2272

II

II

Buena Vista - East and Northeast of Buena Vista Road

Recommended for inclusion in Zoning Bylaw (presently unzoned) to RRA, and A

x

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BYLAW NO. 2272

DATE OF FIRST FINAL READING

ZONING CHANGE

&

AREA AFFECTED

PlAN TEXT

Feb. 19/62 Oct. 9/62

ffiartin Estate (South Pleasant view) between 106 and 111 Sts. and from 61 Ave. to the "old City Limits"

Recommended for inclusion in Bylaw

x

2272

II

II

Avonmore Addition and Argyll (Kelly property) between Argyll Road and 69A Avenue and 81 to 83 Streebs

Recommended for inclusion in Zoning Bylaw to A

x

2272

II

II

Bronx (Athlone) between 134 Street and the lane West of 135 Street, Lot 1, Block 52, and Lots 1-5, Block 54, located North of 127 Ave.

Re co mm ended

x

Forest Heights & Terrace Heights between Capilano Ravine and 84 St., North of 101 Ave.

Recommended for inclusion in Zoning Bylaw

2272

2272

II

II

for inclusion in Zoning Bylaw to A

x

The Text amendments provided the following new districts: RC-1, R-4, AG-UR, AG-U, AR and AS. This Bylaw limits the parcel size in AG-Agricultural Districts to 20 acres for agricultural or other uses unless given special approval.

2278

Feb. 26/62 June 11/62

Lot 43, Block 17, Plan No. 4479 K.S. Wellington

Change from R-2 to R-3 Residential

x

1.

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BYLAW NO.

DATE OF FIRST FINAL READING

&

AREA AFFECTED

ZONING CHANGE

2286

April 23/62 June 18/62

Lots 3,4, and 5, Block 7, Plan No. 4830 Q., North Del ton

Change from x C-1 Commercial to R-2 Residential

2287

April 9/62 June 11/62

Lots 1 and 53, Block 23, Plan No • 2579 M. C. & Plan No, 6409 K.S. Rosslyn

Change from x C-1 Commercial to R-1 Residential

2288

April 9/62 June 11/62

Portion of River Lot 25, Edmonton Settlement (5 acs,)

Change from A-Parkway to R-3 Residenti al

2289

April 9/62 May 14/62

2292

April 16/62 June 11/62

Section 21~ of the Zoning Bylaw (R-3 Residential District).

Section 24 - amendment to delete the present (2) (a) restrictions on Density.

Change from Lots 1-6, Block 13, R-1 to R-2 Plan No. 5899 K.s., Residential Lots 7-9, Block 13, Plan No. 3028 K.3., Lots 41-48, Block 13, Plan No. 2083 K.S., Mount Pleasant

2307

June 25/62 August 13/62

,.

2312

June 25/62 August 13/62

PLAN

TEXT

x

x

x

Lots 16, 18, 20U, 21U, Block 20, Plan No. 4092 K.S., and Lots 17, 17A, 17B, Block 20 1 Plan No. 5597 K.s., North Eastwood

Change from M-1 Industrial to C-2 Commercial

Portion of Block A, River Lot 8, East of Macdonald Hotel

To be deJeted x from the Zoning of A-Parkway & Public Uses District

x

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8

BYLAW NO.

DATE OF FIRST FINAL READING

ZONING CHANGE

&

AREA AFFECTED

2369

Jan. 14/63 March 25/63

Section 13 (5) (e) (iv) of the Zoning Bylaw. To change site coverage requirements in Section 13 ( 5) ( e) (iv) •

2375

Jan. 14/63 June 24/63

Area between the first lane east of 104 Street to the first lane west of 105 St. from 112 Ave. to the lane south of Princess Elizabeth Ave., H.B.R.

2386

Feb, 11/63 Apr. 22/63

Section 5 (13) of the Zoning Bylaw.

Deletion of Section 5 (13) (a) and (b) and substitution of new Section 5 (13) (a), (b), (c) and (d).

2391

April 8/63 June 24/63

Lots 1-6, & 85Change from High Density 86, Block 11, Apartment Lots 25-27, Block 12, Lots 24-29, District to AParkway and pt. Lot 30, & Lots Public Uses 84-89, Block 13, & District Lots 32-34, pt. Lot 76 and Lot 77, Block 15, Plan No. B, H.B.R.

2392

April 8/63 July 8/63

Section 25 (1) (t) - C-1 Commercial District. To add a new subsection (vi) to permit projecting signs in C-1 and C-2 Districts where the buildings are located on or close to the property line.

x

2394

April 8/63 June 24/63

Sections 22 (3) 23 (3) and 24 (3) of the Zoning Bylaw. To amend the text of the Zoning Bylaw to allow real estate or rental signs larger than 10 feet at the discretion of the Zoning Committee.

x

PLAN

Change from R-1 Residential to RC-1 Residential Conversion District

TEXT x

x

x

x

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9

BYLAW NO.

DATE O? FIRST FINAL READING

AREA AFFECTED

&

2400

April 22/63 June 24/63

2401

ZONING CHANGE

PLAN

Lots 16A and 23, Block 5, Plan No. 5710 K.s., BrackmanKerr

Change from RCwl Conversion District to R-3 Residential

x

May 13/63 Sept. 23/63

Eot 12, Block 51, Plan No. 3149 K.s., Forest Heights

Change from R-1 Residential to AParkway and Public Uses District

x

2402

May 13/63 June 24/63

Lots 1-10, Block 24, Plan No. 4651 K.s., North Delton

Change from C-2 Commercial to R- 3 Residenti al

x

2408

May 27/63 Aug. 12/63

Lots 26-32, Block 3 and Block 5-A, Plan No. I-30, Avonmore

Change from R-1 Residential to APPublic Parks District

x

2414

June 10/63 Aug. 12/63

Lots 18 and 19, Block 11, Plan No. 4542 K.S., Killarney (North Delton)

Change from C-1 Commercial to R-3 Residential District

x

2420

July 8/63 Sept. 23/63

Lot 7, Block A, Plan No. 1315 A.Q., R. L. 15

Deletion of x Lot 7 from R-4 General Residential District Change from AG-U x Agricultural Gen. Urban District to RRA, RRB, RRC, Restricted Residential District, C-1 Commercial District, R-3 Residential District

2421

.-

Part of Petrolia (Westbrook Estates) lying between 122 Street, Whitemud Creek, 35 Ave. & 40 Ave. approx.

TEXT

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10

BYLAW NO.

DATE OF FIRST FINAL READING

&

2422

i

!

I I I I I I I I

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ZONING CHANGE

PLAN

Part of Petrolia (Westbrook Estates) lying West of 122 St. between the City limits & 37 Avenue approximately

Change from x AG-U Agricultural Gen. Urban District to RRA Restricted Residential Dist. and RRB - ditto

2423

July 8/63 Sept. 23/63

Part of bounded 82 St., and 134

Glengarry by 137 Ave. 87 Street, Avenue

Change from x AG-U Agricultural General Urban District to R-1 Residential, C-1 Commercial, APPublic Parks Dist.

A-Parkway & Public Uses District

2424

July 8/63 October 7/63

Part of Glengarry lying between 135 Ave., 97 Street, 132 A Avenue and 92 Street, Plan No. Z3-479, Glengarry

Included in x Zoning Bylaw as R-1 Residential, R-2 Residential, R-3 Residential, C-1 Commercial & AP-Public Parke District

2425

July 8/63 Sept. 23/63

Part of Glengarry lying between 137 Ave., 90 Street, 93 Street and the lane south of 136 Ave., Plan No. Z2-463, Glengarry

To be included x in Zoning Bylaw as R-1 Residential, AP-Public Parks, A-Parkway & Public Uses DiRtrict

2426

July 8/63 Sept. 23/63

Part of Del wood lying between 66 St., 72 Street, 132 Ave. & 133 Ave., Plan No. Z3-491, Del wood

Changed from x AG-U Agricultural Gen. Urban District to R-1 Residential and C-1 Commercial

I I I

AREA AFFECTED

TEXT

I I I

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11

& FINAL READING

AREA AFFECTED

ZONING CHANGE

2427

July 8/63 Sept. 23/63

Part of Malmo Plains lying between 45 Avenue, 51 Avenue, 111 St. and 122 Street, Plan Nos. Z2-490 and Z2-492, Malmo Plains

Change from AG-U Agricultural Gen. Urban District to R-1 Residential and APPublic Parks District

2428

July 8/63 Oct. 7/63

Part of Avonmore Addition and Grove Park on the North side of Argyll Road at 83 Street, Plan No. 5566 M.C.

2429

July 8/63 Sept. 23/63

Part of Steele Heights, lying between 137 Ave., 50 Street, 145 Ave. , and 66 St , Plan No. Z2-493, Steele Heights

To be included x in Zoning Bylaw as A-Parkway & Public Uses District, R-1 Residential, R-2 Residential, R-3 Residential, and C-1 Commercial Change from AG-U x Agricultural Gen. Urban District to R-1 Residential, R-2 Residential, R-3 Residential, A-P Public Parks, and A-Parkway & Public Uses Dist.

2430

July 8/63 Sept. 23/63

Part of Balwin lying between 130 Ave., 132 Ave., 69 Street and 82 Street, Plan No. Z3-471, Balwin

Change from AG- x U Agricultural Gen. Urban District to R-1 Residential, R-2 Residential, & C-1 Commercial

2431

July 8/63 Sept. 23/63

Part of Kensington lying between 132 Ave., 134 Ave., 113 A Street and 119 Street, Plan No, Z3-473, Kensington

To be included x in Zoning Bylaw as R-1 Residential, R-2 Residential, R-3 Residential, & C-1 Commercial

BYLAW NO.

DATE OF FIRST

PLAN x

TEXT

!

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12

BYLAW NO.

&

DATE OF FIRST FINAL READING

AREA AFFECTED

ZONING CHANGE

2440

Aug. 12/63 Oct. 28/63

Lot W, Block 36, Plan No. 7242 A.H. Beverly Heights

Deleted from zoning of AParkway and Public Uses

x

2442

Aug. 12/63 Oct. 28/63

Lot 1, Block 3, Plan No. 3079 H.W. Strathearn

Change from R-1 Residential to R-3 Residential

x

2460

Sept. 23/63 Nov. 26/63

Lots 28 and 29, Block 31, Bellevue, Plan No. 2677 Q

Change from C-1 Commercial to R-1 Residential

x

2473

Oct. 7/63 Nov. 26/63

Lota 11 - 16, Block 59, Plan No • 1962 M. C• , King Edward Park

x Change from RC-1 Residential Conversion to AP-Pablic Parke District

2476

Oct. 28/63 Jan •. 13/64

Lots 9 and 11, Block 44, Plan No • 4542 K•S • , Killarney

Change from C-1 Commercial to R-3 Residential District

TEXT

x

General area bounded by Whyte Avenue, 95 Ave., 85 Street to Mill Creek Ravine

2477

2480

PLAN

Nov. 12/63 Feb. 10/64

Section 26 (1) (a). To amend the text of the Zoning Bylaw by deleting the words "delicatessens, department stores, pawn ships, pet shops, liquor stores, second-hand stores, tire shops, or" from the above section.

x

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13

& FINAL READING

ARFA AFFECTED

ZONING CHANGE

Nov. 26/63 Feb. 10/64

Block 16, and Lots 30 - 49, Block 17, Steele Heights

Change from R-1 Residential to R-2 Residential

Part of Glengarry lying between 93 St., 97 Street, 135 Aivenue and 137 Avenue

To be included x in Zoning Bylaw as C-2 Commercial and "A" Parkway and Public Uses

Part of Lot A, Plan No. 4399 K.S. Westbrook Estates (Derrick Golf & Winter Club)

Change from A-Parkway & Public Uses to RRB Restricted Residential

x

2493

Lot 21, Block 46, Plan No. 6307 M.C. Ottewell

Change from C-2 Commercial to R-4 Residential

x

2487

Area bounded by 36 Street to the West, 118 Ave. approx. to the North and the North Saskatchewan River to the South and East

Change from AG-UR Agricultural Urban Reserve Dist. to AG-U Agri• cultural Gen. Urban District

x

2499

Section 26 (3). To amend the text of the Zoning Bylaw by adding a new paragraph (ab) to Subsection (3) allowing establishments for the sale of new automobiles - C-2 Commercial District.

2506

Portion of Delwood neighborhood, Blocks 5A and lOA, Lots 12 and 35, Block 1, Lots 1-10, Block 1, Plan No. 6338 M.C., Delwood

BYLAW NO. 2482

DATE OF FIRST

2484

2489

Dec. 9/63 Feb. 10/64

PLAN

TEXT

x

Change from x AG-U Agricultural General Urban Dist. to A-P Public Parks District, C-1 Commercial, R-2 Residential

x

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C I T Y

Z 0 N I NG

0 F

E D M0 N T 0 N

BY LAW

N O.

2 1 3 5

- C 0 NT E NT S Section l'iumber

Sec.

Page No.

Part I

li2.!._

..............................................

1

1

2

1

GEFERAL OPERATIVE CLAUSES ••••••••••••••••••••••• , ••

3

1

(1) (2)

3 3 3 3 3

1 1 1 2 2

3 3 3

3 3 3

3

3

Pt;RJVIITTED DEVELOPMENTS •••••••••••••••••••••••••••••

4

1

(1)

4

1 1 1 1 2 2 2 2 2 2

1.

TI'ILE

2.

DEFPITIONS Part II

(4)

Approval required for development ••••••••••.•• Status of existing special approval uses •••••• "on-conforming buildings and uses ••••••••••••• Utilities required before commencement ••••••••

( 5)

Highways ..•.•••.••••••••••••••••••.••••••••.••

(6)

Unzoned areas to remain under interim development control •..•.•.•......•.•..•.•••.••

( 7)

Appendices ................................... .

(8)

Preliminary District Plan ••••••••••••••••••••• Conversion of approved service station sites in C-1 Commercial Districts •••••••••••••••••••

(3)

(g)

4.

5.

Developments not requiring approval ••••••••••• (a) Buildings not requiring approval ••••••••• (b) One-family dwelling •••••••••••••••••••••• (c) Completion of building under construction.

4 4 4 4

(d)

Right of use ............................ .

(e) (f) ( g) (h) ( i)

(j)

Boarders, Lodgers and Foster Children ••••• Temporary Polling Stations ••••••••••••••• Public Utilities ••••••••••••••••••••••••• Temporary construction of buildings •••••• Official Signs, etc. • , ••••• , ••••••••••••• Temporary signs and structures •••••••••••

(k) ( 1)

Fences, etc. . ........................... .

Change of Use ........................... .

4

3 3 3

PROCEDURE RESPECTING APPLICATIONS TO DEVELOP •••••••

5

1

(1) (2) (3) (4) (5)

5

5 5

1 1 1 2 2

Administrative responsibility ••••.•••••••••••• Permission required for development ••••••••••• Plans and information required •••••••••••••••• Form of application ••••••••••••••••••••••••••• Compliance with other Bylaws, etc •••••••••••••

4 4

4 4 4 4 4

5 5

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I

Section Number

Sec. No.

Page ~

5. Continued

~~~ (8)

5 5

3 3

5 5 5 5

4

(12)

A.mending of Applications ••••••••••••••••••••••• Duties of Director concerning applications ••••• Notofication of Right of Appeal from Com.mi ttee decision ••••••••••••••••••••••••••••• Approval to be withheld for appeal period •••••• Public inspection of development applications •• Checking of progress of work ••••••••••••••••••• Suspension or Revocation of Permit •••••••••••••

5

5

(13)

Right of En try •••••••••••••••••••••••••••••••••

(14)

Lapse of Perm.it ••••••••••••••••••••••••••••••••

5 5

5

ZONrnG COMMITTEE ...•..•..•.•........••.....•.•.•.•.•

6

1

(1)

Establishment of Zoning Committee •••••••••••••• Interpretation of Bylaw, •••••••••••••••••••••••• Right of Appeal from Zoning Committee •••••••••• Composition of Committee ••••••••••••••••••••••• Committee procedure •••••••••••••••••••••••••••• General duties of Committee ••••••••••••••••••••

6 6 6 6 6 6

1 1

3

Similar Uses •••••••••••••••••••••••••••••••••••

6

4

ARCHITECTURAL PANEL ••••••••••• •· •••••••••••••••••••••

7

1

(1) ( 2)

7 7

1

7

2

•••••••••••••••••••••••••••••••••

8

1

( 1)

Right of Appeal •••••••••••••••••••••••••••••••• Membership ••••••••••••••••••••••••••••••••••••• Administration •••••••••.•••••••••••••••••••••••• Jurisdiction ••••..•.•.•.•.•.•.•••••.•••..•...••

Jurisdiction ••••••••••••••••••••••••••••••••••• Decision not a Precedent ••••••••••••••••••••••• Limitation of Powers ••••••••••••••••••••••••••• Decisions Final •••••••••••••••••••••••••••••••• Procedure

.1 2 2

......................................

8 8 8 8 8 8 8 8 8

1

(2) (3)

MJIEND:rvIENT S • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

9

1

9

1

(9)

(10)

(11)

6.

( 2) (3)

(4) (5) (6) (7)

7.

(3) 8.

ZONING .APPEAL

(4) (5)

(6) (7) (8)

(9)

9.

Establishment of Architectural Panel ••••••••••• Composition •••••••••••••••••.•••••••••••••••••• Relationship of Architectural Panel to Zoning Appeal Board ••••••••••••••••••••••••••••

( 1) (2) (3) ( 4)

(5) (6)

13() .ARD

Application •••••••••••••••••••••••••••••••••••• · Prior consideration by Technical Planning Board.

Limit on frequency of application..............

Payment and undertaking • • • • • • • • • • • • • • • • • • • • • • • • Council may direct repayment ••••••••••••••••••• Liability of applicant •••••••••••••••••••••••••

4

4 4 5

1 2 2

1

1

1

2

3 3

9

1

9

1

9 9

1

9

2

1

I I I I I I I I I ·1 I I I I I I I I I

Section Number

9.

Sec. No.

Continued (7) (8) (9) (10) (11)

Preliminary examination •••••••••••••••••••••••

9

Procedure by Applicant •••••••••••••••••••••••• Investigation by Director •••••••••••••••••••••

9 9

2 2 2

Decision by Council .......................... .

9

3

9

Proposed amendments may originate from Technical Planning Board •••••••••••••••••••••• Amendments proposed in Counci.l •••••••••••••••• Preliminary District Plan •••••••••••••••••••••

9

3 3 3

PENALTIES ......................................... .

10

1

(1) (2) (3) (4) (5)

10 10 10 10 10

1

ZONING DISTRICTS

11

1

(1) (2) (3) (4)

Designation of Districts •••••.••••••••••••••••• Shortened Designation ••••••••••••••••••••••••• District boundaries ••••••••••••••••••••••••••• Interpretation of district boundaries •••••••••

11 11 11 11

1 1 1 1

GENERAL REGULATIONS .•••..••.••..•••.••..•...••..•••

12

1

12 12 12 12 12 12 12 12 12 12

1 2 2 3 3 4 4 4 5 5

12 12

7 10

12 12

13

12

15

(12) (13) 10.

Page

!!£.:....

Contraventions •••••••••••••••••••••••••••••••• Liability of owner, tenant, etc ••••••••••••••• Responsibility of contractor, tradesman, etc ••• Further prosecutions •••••••••••••••••••••••••• Investigations of complaints ••••••••••••••••••

9

2 2 2 2

Part III 11.

12.

(1)

SUbdivision of Land •••.••••••.••••••••.•.••...

(2)

Minimum Yards •••••••••••••••••••••••••••••••••

(3) (4) (5) (6) (7) (8) (9) (10) (11)

Projec~ion into yards ••••••••••••••••••••••••• ObjectS-Prohibited or Restricted in Yards ••••• Public Utility Buildings •••••••••••••••••••••• Restrictions on Corner Sites •••••••••••••••••• Fences in Residential Districts •••••••••••••••

Corner Sites ................................. .

Double Fronting Sites ••••••••••••••••••••••••• Accessory Buildings .........................•..

Off-street Vehicular Loading and Unloading Facilities ................................... .

(12) (13)

(14) (15)

Off-street Vehicular Parking Facilities ••••••• Development and Maintenance Requirements for Public and Private Parking Area ••••••••••••••• Parking Schedule •••••••••••••••••••••••••••••• General Provisions in Respect of Restricted Residential Districts •••••••••••••••••••••••••

11

I I I I I I I I I I I I I I I

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Section Number 13.

Sec. No. SPECIAL PROVISIONS ••••••••••••••••••••••••••••••

13

Page No. 1

( 1)

Churches .

a o o

13

1

(2) (3) ( 4) (5)

Drive-in business ••••••••••••.••••••••••••• Service Stations •••••.•••••••••••••.•••••••

13 13

1

Motels .

13

7

Terraced Dwellings and Semi-detached, onefamily Dwellings • • • • • • . • • • • • • . • • • • • • • • • • • • • Terraced Dwellings for Individual Home

13

9

Ownership

13

11

ooooooogooooooooooooooooooooooooo

14

1

0000000000000000000000000000000000

15

1

A - PARKWAY AND PUBLIC USES DISTRICT ••••••••••••

16

1

(1 )

Uses .•........

16

1

(2)

The Following Regulations Apply to Every Development in All A-Parkway and Public Uses Districts •••••••••••••••••••••••••••••••••• Uses Which May Be Permitted Subject to the Special Ap9roval of the Zoning Committee Special Permitted Uses for Existing Subdivisions of Less Than the Minimum Area Permitted in this District •••••••••••••••••

16

2

16

2

16

5

AG-UR AGRICULTURAL URBAN RESERVE DISTRICT • • • • • • •

16 A

1

( 1)

Uses

16 A

1

(2)

The Following Regulations Apply to Every Development in All AG-UR Agricultural Urban Reserve Districts ···············••••a•••oo• Uses Which May be Permitted Subject to the Special Approval of the Committee ••••••••••

16 A

1

16 A

2

AG-U AGRICULTURAL GENERAL URBAN DISTRICT ••••••••

16 B

1

(1) ( 2) (3)

16 B 16 B

1 1

16 B

1

(6)

D

o o o •

o o • o o • a o o o o •• o •

o •

o o o •••• o •

o ••• o o o o o o o o o ••• o ••••••••••• o • o • • • • •

o •• o ••••• o ••• o ••••••••• o ••••••••• o

4

Part IV

14.

PREVIOUS BYLAWS

15.

EFFECTIVE DATE

Part V APPENDICES APPENDIX NO. 1 - DISTRICT SCHEDULES 16.

(3)

(4)

16-A.

(3)

16-B.

o ••• o •• o a •••••••••••••••• o •• o

o o o •••• o • " ••••••••••• o ••• a •••••• o • o • a ••

Uses • a . o • • • • • • • • • • • • • • • • • • • • o • • • o • • • • Regulations ............... o • • • • o • • • • o

o •• o •• o o o o o o

Uses Which May Be Permitted Subject to the Special Approval of the Director and the Zoning Colil...rni ttee,. ••••••

o o •••• o •• o •••••• o o o o •

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I I

Section Number

16-c.

Sec. No. AG AGRICULTURAL DISTRICT •••••••••••••••••••••••••

16 c

1

(1) (2)

16 c

1

16 c

1

Uses

o • e o • o- o o o o o o o o • • o • • o • • • • o • • • • • • • o • o • • • • •

The Following Regulations Apply to Every Development in All AG Agricultural Districts.

Uses Which May Be Permitted Subject to the Special Approval of the Zoning Committee •••• Special Permitted Uses For Existing Subdivisions of Less than the Minimum Area Permitted in this District ••••••••••••••••••

16 c

1

16 c

2

AR COUNTRY RESIDENCE DISTRICT••••••••••••••••••••

16 D

1

(1)

Uses

16 D

1

(2)

The Following Regulations Apply to Every Development in All AR Country Residence Dis••O•••ooo••••o•oa•••••••oo••••••o•a•••

16 D

1

(3)

Uses Which May be Approved Subject to the Special Approval of the Zoning Committee ••••

16 D

2

AS AGRICULTURAL SMALL-HOLDING DISTRICT •••••••••••

16 E

1

(1) (2)

16 E

1

16 E

1

AP - PUBLIC PARKS DISTRICT •••••••••••••••••••••••

17

1

(1)

Uses ••• .,,

17

1

(2)

The Following Regulations Apply to Every Development in all AP-Public Parks Districts.

Uses Which May Be Permitted Subject to the Special Approval of the Zoning Committee ••••

17

1

17

2

RRA - RESTRICTED RESIDENTIAL DISTRICT ••••••••••••

18

1

(1)

Uses • a.,

• ••• a. a a •• o. a. a • a •• o. a a. a ••• a • • • • • a • •

18

1

(2)

The Following Regulations Apply to Every Development in All RRA - Restricted Residential Districts •o•••o•o••oo•ooo•••••••••••o•• Uses Which May be Permitted Subject to the Special Approval of the Committee •••••••••••

18

1

18

3

RRB - RESTRICTED RESIDENTIAL DISTRICT ••••••••••••

19

1

(1)

Uses

•O••a••••D••o•••o•ao-•a•o•••O••••········

19

1

(2)

The Following Regulations Apply to Every Development in All RRB - Restricted Residential Districts ••••••••••••••••••••••••••••••••••• Uses Which May be Permitted Subject to the Special Approval of the Zoning Committee ••••

19

1

19

3

(3) (4)

16-D.

o •• o o •.••••••• o o o o •••• o o o • ••• o •••• •• o. • • •

tricts

16-E.

(3)

18.

(3)

19°

Page No.

(3)

Uses .... o • • o • • • • • • • a • • • • • • • • • • • • • • • • • • • • • • • • The Following Regulations Apply to Every Development in All AS Agricultural SmallHolding Districts •••••••••O•••O•••••••O•••••

o • a ••••••• o • o o • o a •• a •••••••••• o •••• a

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Section Number 20.

21.

21-A.

'I 22.

20

1

(1)

Uses

o o o o o •• o ••• o. o ••••• o ••••••• o • ••••••• a •••

20

1

(2)

The Following Regulations Apply to Every Development in All RRC - Restricted Residential Districts ••••••••••••••••••••••••••••••••••• Uses Which May be Permitted Subject to the Special Approval of the Zoning Committee ••••

20

1

20

3

R-1 RESIDENTIAL DISTRICT (1) Uses o • • • • • o • • • • o • • • • • • • • • • • • • • • • • • • • • • • • • • • • (2) The Following Regulations Apply to Every Development in All R-1 Residential Districts ••• (3) Uses Which May be Permitted Subject to the Special Approval of the Zoning Committee ••••

21 21

1

1

21

2

21

3

RC-1 RESIDENTIAL CONVERSION DISTRICT ••••••••••o•• (1) Uses •••••••••••••••••••••••••••••••••••••• o • (2) The Following Regulations Apply to Every Development in All RC-1 Residential Convereion Districts ••••••••••••••••••••••••••••••••••• (3) Uses Which May be Permitted Subject to the Special Approval of the Zoning Committee ••••

21 A 21 A

1

21 A

3

21 A

4

R-2 RESIDENTIAL DISTRICT •••••••••••••••••••••••••

22 22

1

22

2

22

3

R-2A RESIDENTIAL DISTRICT •••••••••••••••••••••••• 23 (1) Uses •••0011•····················•••0••••0•••• 23 (2) Subject to the Requirements of Subsection (1) hereof the Following Regulations Apply to Every Development in AJl R-2A Residential Districts. 23 (3) Uses Which May Be Permitted Subject to the Special Approval of the Zoning Committee •••• 23

1

• • • • • • • • • • • • • • • • • • • • • • • • 0.

(1) (2)

(3)

I

I I I I I

23.

24.

24-A.

Page No.

RRC - RESTRICTED RESIDENTIAL DISTRICT ••••••••••••

(3)

'I I I I

Sec. No.

Uses •.•.•....

a o • • • • • • • • • • • • • • • • • • • • • • • • • • • o.

The Following Regulations Apply to Every Development in all R-2 Residential Districts ••• Uses Which May be Permitted Subject to the Special Approval of the Zoning Committee ••••

R-3 RESIDENTIAL DISTRICT o o o o o o o o o a o o o o o o o o o o o o o o o (1) Uses o • • • o • • • " a • • o • • • • • • • • • • • • • • • • • • • • • • • • • • • (2) The Following Regulations Apply to Every Development in All R-3 Residential Districts ••• (3) Uses Which May be Permitted Subject to the Special Approval of the Zoning Committee ••••

1

1

1

2

3

24 24

1

24

2

24

3

R-4 GENERAL RESIDENTIAL DISTRICT •••••••···••••••• 24 A (1) Uses • o o o a o • • • • o • • • • • • • • • • • a • • • • • a a • • • • • • • • • a 24 A (2) The Fallowing Regu]a tions Ay:ily to Every Development :in All R-4 General Residential Districts Except Where Otherwise Permitted in Subsection (1) or (2)(h) Hereof •••••••••••••••••••••••• 24 A

1

1 1

2

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Section Number

Sec. No. (3)

(4)

Uses Which May Be Permitted Subject to the Special Approval of the Zoning Committee ••• Uses Which May be Permitted Subject to the Special Approval of the Director •••••••••••

C-1 COMMERCIAL DISTRICT •••••••••••••••••••••••••

26.

5

25 25

1

Uses ••••••O••••••••••••••••••••••o•••••••••

C-2 COMMERCIAL DISTRICT •••..••••••••••••••••••••

26 26

(1)

Uses

(2)

The Following Regulations Apply to Every Development in All C-2 Commercial Districts ••• 26 Uses Which May Be Permitted Subject to the Special Approval of the Zoning Committee ••• 26

••o•••••••••••••••••••••••••••••••-e••••

C-7 (RESTRICTED) TOURIST COMMERCIAL DISTRICT •••• (1) Uses o•·•··························••O••••·•• (2) The Following Regulations Apply to Every Development in All C-7 (RESTRICTED) Tourist Commercial Districts ••••••••••••••••••.•••• (3) Uses Which May Be Permitted Subject to the Special Approval of the Zoning Committee •••

M-2 INDUSTRIAL DISTRICT •••••••••••••••••········ (1) Performance Standards •••••••••••••••••••••• (2) The Following Regulations Apply to Every Development in All M-2 Districts •••••••••••

( 3)

30.

24 A

The Following Regulations Apply to Every Development in All C-1 Commercial Districts ••• 25 Uses Which May Be Permitted Subject to the Special Approval of the Zoning Committee ••• 25

M-1 INDUSTRIAL DISTRICT ••••••••••••••••••••••••• (1) Performance Standards •••••••••••••••••••••• (2) The Following Regulations Apply to Every Development in all M-1 Districts ••••••••••• Uses •• o o • • o . o • • o • • • • • • • • • • • • • • • • • • • • • • • • • • • (3)

29.

3

(1)

(3)

27.

A

24

(2) (3)

Uses •

o •••••••••••••••••••••••••••••••••••••

M-3 INDUSTRIAL DISTRICT ••••••••••••••••••••••••• (1) Performance Standards •••••••••••••••••••••• (2) The Following Regulations Apply to Every Development in All M-3 Districts •••••••.••• (3) Uses oaooo••••••••O••••••••O••••••·········· APPENDIX NO. 2 - ZONING MAPS

Page No.

1 2

3 1 1

2

2

27 27

1 1

27

1

27

1

28 28

1 1

28 28

1

29 29

1 1

29 29

1

30 30

1

30 30

1

3

3 1

3

I I I I I

1-1 BYLAW NO. 2135 A Bylaw to Zone parts of the City of Edmonton thereby regulating and controlling present and future developments therein.

WHEREAS the Municipal Council of the City of Edmonton has decided to zone parts of the City as shown upon the attached zoning map marked Appendix No. 2 to this Bylaw, in conformity with the provisions of the Town and Rural Planning Act, R. S. A. 1955, Ch. 337, as amended, as the initial portion of a comprehensive Zoning Bylaw for the whole City.

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NOW THEREFORE the Municipal Council of the City of Edmonton, duly assembled, enacts as follows:

SEC. 1

Section 1.

This Bylaw may be cited as "The Zoning Bylaw".

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2-1 Section 2.

DEFINITIONS

SEC. 2

For the purpose of this Bylaw, unless the context otherwise requires, certain terms and words are hereby defined as follows: (1)

"accessory", when used to describe a use or building, means a use or building naturally and normally incidental, subordinate and exclusively devoted to the principal use or building and located on the same lot or site;

(2)

"Act" means the Town and Rural Planning Act, as amended from time to time;

(3)

"Appendix No. 2" means "The Zoning Map" now made a part of this Bylaw and attached hereto and includes future amendments of the map which shall be numbered as Z.A. 1-2-3- etc. in sequence, as filed with the City Clerk;

(4)

"animal hospital" includes the premises of a veterinary surgeon where animals, birds, or other livestock are treated or kept;

(5)

"apartment building" or "multiple-family dwelling block" means a building consisting of not less than three dwelling units but without restricting the generality of the foregoing, shall not mean "terraced dwellings" as hereinafter defined;

(6)

"bake:ry" means a factory for producin~, mixing, compounding or baking bread, biscuits, ice cream cones, cakes, pies, buns, or any other bakery product of which flour or meal is the principal ingredient, but does not include a restaurant or other premises where any such product is made for consumption on the premises or a bake shop;

I I I I I I

CITY OF EDMONTON ZONING BYLAW NO. 2135 - AMEND:MENTS. Re:

Section 2.

Section 2 is amended by insert:ing after Sub-section (16) the following new subsection: "(16A) "Country residence" means a permanent country dwelling of good construction at a sceni':! location within convenient commuting distance of urban Edmonton, and grouped with other country residences in a manner which will not result in urban concentrations and which will be beyond the areas of urban expansion. " Bylaw No. 2272 Passed October 9th, 1962.

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2-2 SEC. 2 (7)

"bake shop" means a shop where products of a bakery are sold or offered for sale by retail, including incidental baking of products for retail sale on the premises only, including incidental baking;

(8)

"basement" means a storey, partly below the grade level;

(9)

"Board" means the Zoning Appeal Board;

(0)

"boarding or lodging house" means a dwelling in which the proprietor may supply accommodation for his family and supplies for gain, lodging with or without meals, for more than two persons, but does not include a hotel, children's home, home for the aged, or other establishments otherwise classified or. defined in this Bylaw;

(ll)

"building" may, according to the context refer to part of a building and shall include the word "structure";

(12)

"car washing establishment" means a public garage or other establishment for washing or cleaning motor vehicles for gain;

(13)

"church" means a building primarily devoted to religious worship;

(14)

"City" means the municipal corporation of The City of Edmonton, and where the context required, means the area comprised within the boundaries of the City;

(15)

"City Architect" means the City Architect and Building Inspector for the City of Edmonton;

(16)

"City Engineer" means the City Engineer for the City of Edmonton;

(17)

"clinic" means an establishment in which medical, dental or other professional healing treatment is given to human beings;

(18)

"cold storage locker plant" means a building in which space in individual lockers is rented or otherwise made available for the storage of frozen food;

(19)

"commercial school" means a school conducted for hire or gain other than a private academic, religious or philanthropic school, and includes the studio of a dancing teacher, music teacher, an art school, golf school, school of calisthenics, business school, and any other such specialized school conducted for hire or gain;

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2-3 SEC. 2 (20)

"Committee" means the Zoning Committee;

(21)

"corner site" means a site at the intersection of two or more streets;

(22)

"correction home" means a federal, provincial, municipal, religious or charitable institution in which minors are detained or treated when requiring special care because of a delinquency, phY,sical or mental deficiency, physical handicap or other cause requiring special care or supervision and may include¡ an emergency receiving home or special treatment centre;

(23)

"Council" means the Council of the Municipal Corporation of the City of Edmonton;

(24)

"court, inner 11 means an opm space, unoccupied from the ground upwards or from an intermediate floor upwards, located on the same lot with the building which it serves and enclosed on all sides by the exterior walls of such building, or by such walls and the line or lines of an adjoining lot or lots;

(25)

"court, outer" means an open space, unoccupied from the ground upwards located on the same lot as the building which it serves, enclosed on three or more sides by the exterior walls of such building, or by such walls and the line of an adjoining lot or lots with at least one side or end extending to or opening up:>n a street or yard;

(26)

"coverage" means, in the case of a residential building or structure, the combined area of all buildings or structures on the lot, measured at the level of the lowest storey conta:ining habitable rooms, and in the case of a non-residential building or structure, the combined area of all buildings or structures upon the lot, measured at the level of the lowest storey above grade, including in both cases all porches and verandas, open or covered, but excluding open and enclosed terraces at grade, steps, cornices, eaves, and similar projections; such area shall include air wells, and all other space within a building except inner or outer courts;

(27)

"curb-cutting" means the cutting and lowering of a curb, sidewalk or boulevard, or any of them, to provide a driveway for vehicular access to a site;

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2-4 (28)

"development" means

SEC. 2

(a)

the carrying out of any construction or excavation or other operations in, on, over or under land, or

(b)

the making of any change in the use of any land, buildings or premises;

(29)

"Director" means the Director of Planning and Development or the Chief Planner or other senior planner in the Planning Department when acting on behalf of the Director.

(30)

"drive-in business" shall mean an establishment with facilities for attracting and servicing prospective customers normally travelling in motor vehicles which are driven on to the site where such business is carried on, and where normally the customer either remains in the vehicle for service or parks his vehicle for a short period for the purpose of doing business at the premises, but shall not include Car Washing Establishments or Service Stations;

(31)

"dry cleaning distributing station" means a building used for the purpose of receiving articles or goods of fabric to be subjected to the process of dry cleaning, dry dyeing or cleaning, processing or repairing elsewhere and for the distribution of any such articles or goods which have been subjected to any such processes;

(32)

"dry cleaning establishment" means a building where cleaning, pressing, repairing or reprocessing of articles or goods of fabric is carried on, but does not include a hand laundry, machine laundry, or a wholesale dye plant;

(33)

"dry cleaning shop" means a building where the business of dry cleaning and pressing, repairing or reprocessing of articles or goods of fabrics is carried on at basement or ground level, by means of dry cleaning machines or units and incidental equipment

(34)

(a)

in which only non-inflammable solvents are or can be used, and

(b)

which emit no odour or fumes, noise or vibrations causing nuisance or inconvenience within or without the premises and where, in connection with the business only neighbourhood and retail service is provided by the proprietor;

"dwelling group" means a group of two or more detached or semi-detached one-family or two-family dwellings, apartment houses or terraced dwellings occupying the same site, and commonly owned and having a yard or court in common, but does not include a motel;

I I I I I I I I I I I I I I I I I

I I

2-5 SEC. 2

(35)

"dwelling" or "dwelling unit" means a self-contained set or suite or rooms containing sleeping, cooking facilities, and separate or shared toilet facilities intended for permanent or semi-permanent use as a residence, not separated from direct access to the outside by another self-contained set or suite of rooms. Each dwelling unit shall be used for no other purpose than accommodating one family except that (a)

two boarders may reside therein who eat with the family; or

(b)

two lodgers or roomers may reside therein who do not normally eat within the dwelling; or

(c)

four foster children (or more where permitted) may reside therein; and subject always to the provisions of this Bylaw as to the other uses permitted within a dwelling;

(36)

"eating establishment" means a building where food is offered fo~ sale or sold to the public for immediate consumption therein and includes a restaurant, cafe, tea or lunch room, dairy bar and refreshment room or stand. but does not include a boarding or lodging house;

(37)

"erect" means to build, construct, reconstruct, place and relocate and shall include (a)

any preliminary physical operation such as excavating. filling or draining;

(b)

altering any existing building or structure by an addition, enlargement, extension or reduction;

(38)

''existing" means existing at the effective date of this Bylaw;

(39)

"farr.ily" means an individual or two or more persons related by blood, marriage or adoption, or a group of not more than five persons who need not be related by blood or marriage, all living together as a single housekeeping unit and using common cooking facilities, and including bona fide servants with or without separate accommodation therefor;

(40)

"garage, parking" means a building other than a private garage, designed or used primarily for the storage of motor vehicles;

I I I I I I I I

2-6 SEC. 2 (41)

"garage, private" means an accessory building or a part of the principal building designed and used primarily for the storage of motor vehicles and includes a car port;

(42)

"garage, public" means a building wherE~ motor vehicles are repaired for the public and where motor vehicles may be stored or offered for sale;

(43)

"government offices" means a municipal office, court house, registry office, health and welfare centre, employment office, post office, or other office uses for purpose of local or other government administration;

(44)

"grade" or "grade level" means the average of the finished ground level at the centre of all walls of a building;

(45)

"height" means, when used with reference to a building or structure, the vertical distance in feet between a horizontal plane through grade level and a horizontal plane through

I I I I I I

!I (46)

I I

(a)

the highest point of the roof in the case of a building with a flat roof or a deck roof,

(b)

the average level of a one-slope roof, provided that such a roof having a slope of less than 20° with a horizontal plane shall be considered a flat roof,

(c)

the average level between eaves and ridges in the case of a pitched, gambrel, mansard or hipped roof, provided, however, that in deciding whether a development conforms to the maximum height permissible in any district the following features shall not be considered for purposes of maximum height determination: chimneys, stacks, steeples, homes or spires, grain elevators, monuments, scenery lofts, elevator housings, roof stairway entrances, water tanks, ventilating equipment, skylights, fire walls or parapet walls, receiving or transmj_tting structures, masts, flag poles, clearance markers, or other erections when approved by the Committee, and provided further that there is a compliance with requirements as determined by the Zoning Committee governing the height of buildings and structures in relation to the Edmonton Municipal Airport flight paths and the Alberta Government Telephones Microwave Beams.

ffii

OCr::tion.i;-

"homeift" an gain An•ip]O~COnduc enti el wi thi a buil~nand ojy by rs of a f · y re · ing on he prem ses, as a econd y use;, pr ded tha here i ext displ y or a ertisement,

I I I I I I I I I I I I I I I I I I I

CITY OF EDMONTON ZONING BYLAW NOa 2135 - AMENDMENTS. Re:

Section 2, Subsection (46)$

Section 2, Sub-section (46) is amended by d.elet;i.!18 therefrom sub-section (46) and by substituting the following: 11

(

46)

home craft', means an occupation for gain or support, conducted entirely within a building and only by members of a family residing on the premises, as a secondary use, and provided that: 1

(a)

homecraft shall not normally inc:lude beauty parlors, barber shops and dance schools,

(b)

there shall be no exterior display or advertisement,

(c)

there shall be no exterior storage of ~terials, commodities or finished products,

(d)

there shall be no mechanical equipment used except when ordinarily used for housekeeping purposes or hobbies,

(e)

no commodity other tha.n the principal product or service of the homecraft shall be sold on the premises,

(f)

the use will not generate parking problems within the district, and

(g)

nothing of an offensive or objectionable nature, as herein defined, shall be permitted and provided further that subject to complj_ance with the regulations contained herein, the following uses are deemed to be customary homecrafts: (i)

dressmaking and millinery, homecooking and preserving and similar domestic crafts, (ii) the manufacture of novelties souvenirs and handicrafts as an extension of a hobby, (iii) stamp and coin collecting and saies, (iv) individual inst~1ction to music students, (v) the carrying out of minor repairs to domestic equipment normally used within dwellings, and (vi) other uses deemed approprj_ate by the Director. 11 Bylaw No. 2337 Passed November 26th, 1962.

I I I I I I I I I I I I I I I I I I I

2-7 SEC. 2

!~iph=~t

u

:~~~e:f~:~~~:'u!~~l

ke i g . rposes r hobb. s, rov¡ e~ . t there is no un no1 e t odour ris 9m such occupation which escapes to any adjoining premises; (47)

"hotel" means a building or pa.rt of a building that contains a general kitchen and dining or other public rooms, the remaining rooms of which contain no provision for cooking, and are usually hired by transients as places of temporary abode and includes hostels for men and women and may include a development determined by the Zoning Committee to be a motor hotel;

(48)

"interior site" means a site which is.bounded by only one street;

(49)

"landscaping" means to change or modify the natural features of a site so as to make it more attractive and desirable by adding la\vns, trees, shrubs, ornamental plantings, fencing, walks, drives or other structures and materials as used in modern landscape architecture;

(50)

"lane" means a public thoroughfare not exceeding 30 feet in width, which provides a secondary means of access to a site or sites;

(51)

"laundry shop" means a building in which the business of laundry is carried on at basement level or ground floor level by means of one or more washers, having a capacity not exceeding 65 lbs. each, and drying, ironing, finishing and incidental equipment

(52)

(a)

in which only water, soaps and detergents are or can be used; and

(b)

which emit no odour or fumes, noise or vibration causing a nuisance within or without the premises, and

(c)

where in connection with the business, only neighbourhood retail service is provided by the proprietor and includes the business where only washing or ironing is done, a self service laundry and laundry receiving depot;

"legal description" with reference to the description of a site in the City means the description, or the abbreviation of a description of the site which is recorded in th~ Land Titles Office;

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I I

2-8

SEC. 2

(53)

t

i>.¡

"motel" means a building or a group of buildings on a site providing separate sleeping units, with or without cooking facilities, and complete with washing and sanitary facilities and with adjoining or conveniently located parking space, designed or operated for the purpose of providing temporary dwelling accommodation primarily to transient motorists but does not include a development determined by the Zoning Committee as being a motor hotel.

(54)

"non-conforming building" shall have the same meaning as set out in The Town and Rural Planning Act, 1955, as amended fro~ time to time;

(55)

"non-conforming use" shall have the same meaning as set out in The Town and Rural Planning Act, 1955, as amended from time to time;

(56)

"offensive or objectionable" when used with reference to any use of any land, building or structure, means a use which, from its nature, or from the manner of carrying on same, creates or is liable to create, by reason of noise, vibration, smoke, dust or other particulate matter, odour, toxic or noxious matter, radiation hazards, fire or explosive hazards, heat, humidity or glare, or unsightly storage of goods, wares, merchandise, salvage, junk, waste or other materials, a condition which in the opinion of the Zoning Committee, the Technical Planni~ Board or the Zoning Appeal Board (as the case may be) may be or become hazardous or injurious as regards health or safety or which adversely affect the amenities of the neighbourhood or interfere with or may interfere with the normal enjoyment of any land, building or structure;

(57)

"one-family dwelling" means a building containing only one dwelling unit.

(58)

"parking area, private" means an open area of land for the same use as a private garage;

(59)

"parking area, public" means an open area of land, other than a street used for the parking of vehicles and available to the public, or as an accommodation to clients or customers with or without a fee being charged;

(60)

"parking space" means a space within a building or a private or public parking area, exclusive of driveway, ramps, columns, office and work areas for the parking of one vehicle;

(61)

"principal use" means the main purpose for which a building or site is ordinarily used;

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'I I I I I I I I I I

I

2-9 SEC. 2 (62)

"private, academic, philanthropic or religious school" mean~ a school, other than a public school, where academic subjects are taught or which is maintained for philanthropic or religious purposes whether the same is also a boarding school or not, and includes a dormitory building appurtenant to any such school but does not include any school or home otherwise classified or defined under this Bylaw;

(63)

"private club" means an athletic, social or recreational organization not operated for profit, and includes the premises of a fraternal organization;

(64)

"public or quasi public building" includes a church and any building which is used by the public for the purpose of assembly, instruction, culture or enlightenment or for a communal activity, but does not include a school, or a place of public entertainment for which an admission fee is customarily charged;

(65)

"public park" means an area of public land specifically defined or set aside for use by and for the general public in both active or passive recreational uses; and includes all landscaping, facilities, and apparatus, playing fields, utilities, buildings and other structures that are consistent with the general purposes of public parkland, and whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements with the public authority owning the park and may include public and private cemeteries;

(66)

"public school" means a place of instruction other than a commercial or technical school, maintained at the public expense pursuant to the School Act of the Province of Alberta;

(67)

"public utility" means a system, works, plant, equipment or service whether owned or operated by or for the City, or by a corporation under agreement with or under a franchise from the City or under a Federal or Provincial statute, which furnishes services and facilities available at approved rates to or for the use of all the inhabitants of the City, including but not limited to (a)

communication by way of telephone or telegraph,

(b)

public transportation by bus or trolley coach, or other vehicle;

(c)

production, transmission, delivery or furnishing of water, gas or electricity to the public at large,

(d)

collection and disposal of sewage, garbage and other waste;

I I I I I I I I I I I I I I I I I I I

2-10 SEC. 2 (68)

"public utility building" means the building in which the proprietor of the public utility (a)

maintains its office or offices, or

(b)

maintains or houses any equipment used in connection with the public utility;

(69)

"retail store" means a building where goods, wares, merchandise, substances, articles or things are stored, offered or kept for sale at retail, and includes storage on or about the store premises of limited quantities of such goods, wares, merchandise, substances, articles or things, sufficient only to service such store, but does not include any retail outlet otherwise classified or defined in this Bylaw;

(70)

"semi-detached, one-family dwelling" means two onefamily dwelling units, side by side with a common party wall between them, extending from the lowest foundation up to the underside of the roof covering;

(71)

"service station" means a building or place used for, or intended to be developed primarily for the use of, supplying self-propelled vehicles with gasoline. diesel fuel, oil, grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, spark plugs, batteries and other minor accessories, or repairing tires, but not the vulcanizing_ thereof, or where only minor servicing or running repairs essential to the operation of the motor vehicles are executed or performed;

(72)

"sign" includes a display board, screen, structure or material having characters, letters or illustrations applied thereto or displayed thereon, in any manner not inside a building and includes the posting or painting of an advertisement or notice on a building or structure;

(73)

"sign, animated" means a sign which has movement produced either mechanically or electrically, giving the effect of steady movement.

(74)

"sign, flashing" means a sign which by means of electrical devices gives the effect of intermittent movement, or changes to give two or more visual effects, or alternates with a lit and unlit effect.

(75)

"sign, directional" means a sign which indicates the distance or direction, or both, to a place of business or other premises indicated on the sign;

I I I I I I

2-11 SEC. 2 (76)

"sign, general advertising" means a sign which refers to goods or services other than those produced, offered for sale or obtainable at the premises on which the sign is displayed;

(77)

"sign, identification" means a sign which contains no advertising but is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or institution or the occupation of the person;

(78)

"sign, local advertising" means a sign which refers only to goods or services produced, offered for sale or obtainable at the premises on which the sign is displayed;

(79)

"storey" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost storey shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than 6 feet above grade, such basement shall be considered a storey in calculating the height of any building;

(80)

"storey, half" means a storey under a gable, hip or gambrel roof, the wall plates of which on at least two opposite walls are not more than two feet above the floor of such storey;

(81)

"street" includes avenues, driveways and any other public thoroughfare affording the principal means of access to the abutting site;

(82)

"subdivide" means causing a subdivision to be made and for this purpose "subdivision" has the meaning assigned to that term under Section 2 (32) of Alberta Regulation 185/60, Subdivision and Transfer Regulations, pursuant to the Surveys and Expropriation Act, or any amendment thereof;

(83)

"terraced dwellings" means a block of th:;-ee or more family dwelling units not more than two habitable rooms from front to rear with each family dwelling unit designed vertically on two or three storeys and with each unit attached to its neighbour at its side under a common roof, and in which each family dwelling unit shall be separated from each other by a party wall insulated against sound transmission extending from the lowest foundation up to the underside of the roof covering;

'I I I I

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I I I I I I I

2-12 SEC. 2 (84)

"The Technical Planning Board" means the Board established

by Bylaw ro. 1354 of the City of Edmonton, or any amendment or re-enactment thereof;

(85)

"through site" means a site which abuts two streets which are parallel or nearly parallel in the vicinity of the site;

(86)

"trade school" means a school other than a commercial or public school in which is taught principally a manual, mechanical or technical trade;

(87)

"two-family dwelling" means a building containing only two dwelling uni ts;

(88)

"yard" means a required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, unless otherwise permitted herein;

(89)

"yard, front" means that portion of the site extending across the full width of the site from the front property line of the site to the nearest wall of the building and shall be measured at right angles to the front property line;

(go)

"yard, rear" means that portion of the site extending across the full width of the site from the rear property line of the site to the rear of the building and shall be measured at right angles to the rear property line;

(91)

"yard, side" means that portion of the site extending from the front yard to the rear yard and lying between the side property line of the site and the side of the building and shall be measured at right angles to the side property line;

(92)

"zone" and "zoning" mean the use established in a district by this Bylaw and the Zoning Map that is Appendix No. 2 hereto.

I I I I I I I I I I I I I I I I I I I

P A R T

Section 3.

GENEFAL OPERATIVE CLAUSES (1)

3-1

II

SEC. 3

Approval required for development.

No person shall undertake any development until approval is granted and the necessary permits required by this Bylaw have been issued, except as provided for in Section 4 of this Bylaw.

(2)

Status of existing special approval uses.

Any existing use or building which was lawfully authorized, carried on, under construction or constructed before the effective date of this Bylaw is deemed to be lawful and may be continued and maintained notwithstanding that such use or building may be one which, if it had not existed at the effective date hereof, would require the special approval of the Zoning Committee or of the Zoning Appeal Board, as the case may be, provided always that if such a use is discontinued or changed any future use or any enlargement, addition, r.ebuilding or structural alteration of such building shall be subject to the provisions of this Bylaw.

(3)

Non-conforming buildings and uses. (a)

A non-conforming building.shall not be enlarged, added

to, rebuilt or structurally altered, except (i)

as may be required by Statute or any Bylaw.

(ii)

as may be necessary to make it a conforming building, or

(iii)

as may be deemed necessary by the Zoning Committee for the routine maintenance of the building.

(b)

If a non-conforming building is damaged or destroyed by fire or other causes to an extent of more than 75% of the value of the building above its foundation, the building shall not be repaired or rebuilt except in conformity with the provisions of this Bylaw.

(c)

A non-conforming use may be continued, but if the use is discontinued or changed, any future use shall conform to the provisions of this Bylaw.

(d)

Subject to Subsection (3) (a), a non-conforming use may be extended throughout the building in which it was permitted under Subsection (3) (c) in respect of a part of the building, but the building, whether or not it is a non-conforming building, shall not be enlarged or added to and no structural alterations shall be made therein.

I I I I I

3-2

SEC. 3

(4)

(e)

Where a non-conforming use is being made of pa.rt of a site and the use is being continued pursuant to Subsection (3) (c), the use shall not be extended to any other part of the site and no additional buildings shall be erected upon the site while the non-conforming use continues.

(f)

The use of land or building shall be deemed not to be affected by reason only of a change of owners, tenants or occupants of the land or buildings.

Utilities reguired before commencement. (a)

Notwithstanding any right contained in this Bylaw, the Zoning Committee or the Director may prohibit a person who proposes .to erect a building from commencing the erection of such building until arrangements satisfactory to the Zoning Committee have been made in respect to the supply to such building of electric power, water, sewerage, street and other facilities or any of them •

(b)

Where, in respect of a proposed building, the provision is required of any of the facilities referred to in Subsection (4) (a) hereof, no person shall begin the excavation for the foundation, nor commence the erection of the building, until provision has been made for such facilities to the reasonable satisfaction of the Director.

I

• I I I I I I I

I

(5)

Highways. (a)

For the purpose of this Subsection (5) "highway" means a street, avenue, lane, utility lot, bridge, overpass, underpass, traffic rotary, traffic interchange, other public thoroughfares, and including for this purpose railway rights-of-way, where the context so requires, or any part thereof and includes the whole right-of-way as shown upon any registered or filed plan and whether or not it is developed and in use.

(b)

Notwithstanding anything contained in this Bylaw, no zoning shall be deemed to apply to any highway and any highway may be designed, constructed, widened, altered, redesigned and maintained in such manner as may be determined by the City Engineer and no permit shall be required therefor.

(c)

For the purpose of a new highway and for the widening, altering, or redesigning of an existing highway any land acquired by the City by grant, purchase or expropriation shall not, following such grant, purchase or expropriation, be deemed to be subject to the zoning formerly applicable thereto, if any, and such zoning shall thenceforth be deemed to terminate.

I I I I I I I I I I I I I I I I I I

I

3-3 SEC. 3 (d)

(6)

When any highway is closed pursuant to the provisions of the City Act, the land contained therein shall thereupon be deemed zoned for the same use as the abutting land.

Unzoned areas to remain under interim development control.

All parts of the City not described on the Zoning Map Appendix No. 2, remain subject to the provisions of Bylaw No. 1988 being Interim Development Bylaw No. 2 of the City of Edmonton as enacted September 1st, 1959, as amended.

(7)

Appendices.

The Appendices hereto comprising the District Schedules and the Zoning Map are hereby declared to be and shall be deemed a part of this Bylaw.

(8)

Preliminary District Plan.

Notwithstanding anything contained in this Bylaw, no person shall undertake any development, nor shall the City undertake any development or public work, that is at variance with or in contravention of the Preliminary District Plan adopted by the Edmonton District Planning Ccmmission on January 8, 1958, or as the same may be amended or that conflicts with or is inconsistent with any District General Plan which may be adopted by the Edmonton District Planning Commission.

(9)

Conversion of Approved Service Station Sites ir. C-1 Commercial Districts.

In the case of a service station site in a C-1 Commercial District approved prior to or after the passing of this Bylaw, any conversion to other use or uses permitted within the C-1 C~mmercial District shall require the prior approval of the Zoning Committee, which shall have due rP-gard to the amenities of the district.

I I

:1 I I I I I I I I I I I I I I I

4-1 PERMITTED DEVELOPMENTS.

Section 4.

(1)

SEC. 4

Developments not requiring approval.

No zoning approval pursuant to this Bylaw is required for any development of the natUre described in the following subsections unless th.e undertaking of such development would be in breach of, or constitute a variation of any condition imposed by any permit which may have been granted respecting the building or.site involved in such developinent and provided always that any such development shall be undertaken in accordance with the provisions of this Bylaw. (a)

Buildings already constructed.

Subject to Section 3, Subsection (3) concerning nonconforming uses, the carrying'out of work or maintenance or repair to any building either lawfully in existence at the effective date of this Bylaw or lawfully constructed thereafter, if the work does not include structural alterations or major works or renovation which will materially alter the external architectural appearance. of the building.

(b)

One-family dwelling.

The use of any building or land, or the construction or placing, and the maintenance, improvement or other alteration, within a site lawfully used for one-family dwelling purposes of any structure 01¡ enclosure, required for a purpose incidental to the enjoyment of the dwelling but not including a dwelling, or exter.sion, an accessory building or extension, a swimming pool or a receiving or transmitting structure where such structure may in the opinion of the Director adversely affect the aesthetics of a neighbourhood.

(c)

Completion of building under construction.

The completion of a building which was lawfully under construction or for which a permit has been lawfully issued at the effective date of this Bylaw provided that the building is completed in accordance with the terms of any permit granted under the provisions¡ of Bylaw 1339, The Interim Development Bylaw, or Bylaw 1988, being Interim Development Bylaw No. 2 and provided also that the building is completed within a period of not more than 24 months from the effective date of this Bylaw.

I I I I I I I I 1.

I I I I I I I I I I

4-2 (d)

Right of use.

The use of any such building as is referred to in Subsection (1) (c) for the purpose for which construction was commenced.

(e)

Boarders, Lodgers and Foster Children.

The keeping of not more than two boarders or lodgers or four foster children in each dwelling unit.

(f)

Temporary Polling Stations.

The use of a building or part thereof as a temporary polling station for a federal, provincial or municipal election or referendum.

(g)

Public Utilities.

The construction, alteration, maintenance or repair of a public utility, undertaken upon a public thoroughfare or public utility easement, or undertaken to connect the same with any lawful use of buildings or land.

(h)

Temporary construc;tion of bi.tildings.

The erection, construction or placing of a temporary building or hoarding, the sole purpose of which is incidental to the erection or alteration of a building for which a building permit has been grE.nted, provided it is removed on completion of the said building.

(i)

Official signs, etc.

The following types of notices and signs: (i)

Official notices, signs, placards or bulletins required to be displayed pursuant to the provisions of federal, provincial or municipal legislation or displayed by or on behalf of the City or on behalf of a department, a commission, board, committee or official of the City, authorized for such purpose;

(ii)

Notices or signs of the permitted size for the guidance, warning or restraint of persons in respect of the premises on which they are displayed;

(iii)

A sign or notice of the permitted size, offering a site on which it is placed or a building or part of a building thereon for rent or for sale.

SEC. 4

I I I I I I I I I I I I I I I I I I I

4-3 SEC. 4 (iv)

On any site not more than one identification sign which may be illuminated but not flashing and not exceeding 2 square feet in area.

(j) Temporary signs and structures.

(k)

(i)

Structures or displays of a temporary character when erected or located for a seasonal purpose or for a special event of public interest or concern.

(ii)

Temporary signs erected or located in connection with residential, conunercial or industrial developments when approved by the Committee and for such period of time as the Committee deems appropriate.

Fences, etc.

The erection, construction or maintenance of a fence, gate, wall or like means of enclosure of a size and type permitted by this Bylaw.

(1)

Change of Use.

A change in the use of any lawfully existing buiJding or land from the type of use listed in the Column (a) to the type of use listed in Column (b), provided such latter use conforms to the provisions of this Bylaw: Column (a)

Column (b)

From:

To:

A dwelling house containing one or more housekeeping or dwelling units.

A dwelling containing a lesser number of the same units.

¡Boarding house, lodging house or fraternity or sorority house.

A one-family dwelling.

An office.

Any other type of office permitted in the district in which it is located.

Retail Store.

Any other type of retail store permitted in the district in which it is located.

I I I I ii I

5-1 Section 5.

PROCEDURE RESPECTil 1G APPLICATIONS TO DEVELOP (1)

The Director shall administer the provisions of this Bylaw in co-operation with the City Architect as stated in this Bylaw.

(2)

Permission required for development.

Subject only to the exceptions contained in Section 4 of this Bylaw, any person intending to undertake a development shall apply for a permit to the City Architect and shall furnish all necessary information on forms provided by the City, including, if required, a statutory declaration as to the correctness of the information.

I

I ii

Administrative responsibility.

(3)

Plans and information reguired. (a)

!I I I

I I I I I I I

'I I

(b)

Every application shall be accompanied by the following: (i)

A site plan in triplicate showing the legal description and the front, rear and side yards, if any, and any provision for off-street loading and vehicular parking.

(ii)

Floor plans and elevations and sections and bulk of building in duplicate.

(iii)

A statement of uses, and, in the case of a development proposed in an industrial district, a statement indicating the manner in which the applicant intends to conform to the performance standards applicable to_the industrial district in which the development is proposed.

(iv)

A statement of ownership of land and interest of the applicant therein.

(v)

The estimated commencement date.

Before dealing with the application the Director may, in his discretion, require; (i)

A plan of survey by an Alberta Land SUrveyor.

(ii)

A third set of floor plans, elevations, section and bulk of buildings.

(iii)

Proof that the applicant has a legal or equitable interest in the land.

SEC. 5

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5-2 SEC. 5

(4)

(c)

Notwithstanding the provisions of Subsection (3) (a) above, the Director may consider an application if, in his opinion, the development is of such a nature as to enable a decision to be made on the application without all the information outlined in Subsection (3) (a) above.

(d)

All drawings submitted shall be drawn on substantial standard drafting material to a scale of not less than 1/8 inch = 1 foot, or such lesser scale as the Director may approve, and shall be fully dimensioned, accurately figured, explicit and complete.

Form of application. (a)

(i)

The form to be completed by each applicant, and sometimes referred to as a permit, shall be a building permit application with a zoning certificate printed as a part thereof.

(ii)

In a case where no building permit is required under this Bylaw or where the applicant wishes only to obtain a preliminary clearance under this Bylaw, the Zoning Certificate may be considered and issued separately from the Building Permit.

(b)

When all necessary information is on the form the applicant shall be advised that the form will be passed to the Director and will not be certified for compliance with the Edmonton Building Code unless and until it has been certified by the Director as complying with the "permitted uses" set out in the District Schedules, or as complying with any necessary approvals required by this Bylaw.

(c)

The fonn used shall be in quadruplicate. Copies one and two shall be delivered to the Director, the third copy shall be retained by the City Architect and the fourth copy shall be returned to the applicant.

Compliance with other Bylaws, etc. (a)

The approval of drawings, the issuing of a permit, and any inspection in connection therewith made by the Director or the City Architect or their agents, shall not relieve the applicant from full responsibility for the carrying out of the development in accordance with the provisions of this Bylaw and the Edmonton Building Code, and all other Bylaws and regulations of the City.

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5-3 SEC. 5

( Ei)

(b)

The approval of any application, drawings, or the issuing of a permit, shall not prevent the Director or the City Architect from thereafter requiring the correction of errors, or from prohibiting a development being carried out when the same is in violation of this or any other Bylaw.

(c)

Unless the Director or the City Architect has required an alteration to an application or drawing, it shall be unlawful for any person to erase, alter or modify any application or make any material change to drawings which have been submitted as part of an application for a permit, or the permit itself after the issue thereof.

(d)

In the event of a discrepancy between any written description and the drawings, the written description shall prevail.

Amending of Applications.

If at any time it is desired to materially alter in any manner or deviate from the particulars of the information previously submitted, upon which a permit has already been issued, a new application shall be made. However, if, in the opinion of the Director, an amendment is of a minor nature, whereby a new application is unnecessary, he may waive this requirement and endorse any necessary amendment thereof, which amendment shall be signed by the applicant.

If the Director, Architect or other City employee requires the amendment, alteration or renewal of any plan of development which was designed by a qualified architect and which will cost the developer more than $50.00 in added expense, the reasons for such action shall immediately be forwarded in writing by the Director to the Zoning Appeal Board.

(7)

Duties of Director concerning applications. (a)

If the Director considers that an application complies with the provisions of this Bylaw he shall cause it to be so certified and promptly returned to the City Architect.

(b)

If the Director considers that an application does not comply with the provisions of this Bylaw, and is not one in respect of which a discretion may be exercised to permit the proposed development, the Director shall refuse the application and if an applicant is not satisfied with the Director's interpretation of the Bylaw, upon which such refusal is based, he may require the application to be dealt with by the Zoning Committee.

I I I I I I I I I I I I I I I I I I I

5-4 (c)

(8)

SEC. 5 If an application concerns a matter in which the Director or any other City official has been given a discretion under this Bylaw the official shall decide thereon and if the applicant is not satisfied with the decision he may require the application to be dealt with by the Zoning Committee.

(d)

If the Director is in doubt as to whether an application complies with t.he provisions of this Bylaw he shall refer it to the Zoning Committee.

(e)

If the Direr.tor considers that the application requires the approval of the Zoning Committee he shall refer it to the Zoning Committee.

(f)

The Director shall advise the City Architect of the decision of the Zoning Committee.

(g)

Applications for development shall be dealt with promptly without undue delay.

Notification of Right of Appeal from Committee decision.

When an application has been refused by the Zoning Committee or has been approved only subject to the conditions determined by the Zoning Committee, the ¡applicant shall be advised that he may appeal to the Zoning Appeal Board from the Zoning Committee decision.

( 9)

Approval to be withheld for appeal period.

When any application that was referred by the Director to the Zoning Committee has been approved, either conditionally or unconditionally, it shall not be returned to the City Architect until the Director has sent out the notice to assessed owners that is provided for in Section 6, SUbsection (6) of this Bylaw and the notice period of 10 days has expired without an appeal being taken therefrom to the Zoning Appeal Board.

(10)

Public inspection of development applications.

The file of development applications in the Planning Department shall be kept available for inspection by any person at any reasonable time.

(11)

Checking of progress of work.

Whenever a Bui;ding Permit has been issued, the inspection staff of the City Architect shall be responsible for checking the progress of work being carried out thereunder provided the inspection staff of the Director shall be responsible for checking that the development is being carried out in compliance with this Bylaw or the zoning ce+tificate.

CITY OF EDMONTON ZONING BYLAW NO .. 2135 - AMENDMENTS.

Re:

:1 :I II

Section 5z Sub-section (13):

Section 5, Sub-section (13) is amended by deleting (a) and (b) and substituting therefor the following new Sub-sections (a), (b), (c) and (d): "Section 5 (13) (a)

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(b)

Where such admission into or upon any property within the municipality is refused, any magistrate, upon complaint on oath by an officer of the council made after reasonable notice in writing of intention to make the complaint has been given to the person having custody of the property, may by order under his hand require that person to admit the council and its officers or servants into or upon the property during such reasonable hours as the magistrate thinks fita

(c)

If no person having custody of the property can be found, the magistrate, on oath made before him of that fact, shall authorize the council and its officers or servants, by order under his hand, to enter into or upon the property during the hours specified in the ordero

(a.)

.An

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I I I

The council or any of its duly authorized officers or servants shall be admitted into or upon any property within the municipality for the purpose of any inspection required in connection with the preparation of a zoning bylaw, general plan or development scheme, or the carrying out of the provisions thereofo

order made by a magistrate continues in force until the purpose for which it was made has been fulfilled .. "

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Bylaw No. 2386 Passed April 22, 1963.

I I I I I I I I I I I I I I I I I I I

5-5 Suspension or Revocation of Permit. (a)

Whenever it is reported to the Director that the terms of this Bylaw or a zoning certificate are not being observed he shall promptly investigate.

(b)

When the Director is satisfied of a breach of this Bylaw or zoning certificate he shall, in writing, require the City Architect to suspend the permit or to revoke the permit when he deems the circumstances warrant revocation, and he shall, upon subsequent compliance, authorize the City Architect, in writing, to reinstate such permit.

Whenever any permit has been suspended or revoked the City Architect shall require the stoppage of work until the permit has been reinstated.

(c)

(d)

(13)

(14)

SEC. 5

Whenever any land or building is being used in contravention of the provisions of this Bylaw the Director shall notify the persons so using the land or buildings of such contravention, and shall report the matter forthwith to City Council for such action as the Council may see fit to take pursuant to the Act.

Right of Entry. (a)

When any official of the Planning Department or the City Architect's Department is inspecting any land or any improvement thereon to ascertain that the provisions of this Bylaw or the Edmonton Building Code are being met or complied with, he shall be entitled at all reasonable times to access for that purpose upon producing his Right-of-2ltry certificate signed by a City Commissioner.

(b)

When any person refuses entry to such official who wishes to enter for inspection purposes, the City may apply to a Magistrate in the manner provided in the Act for an Order permitting entry upon the land.

Lapse of permit. (a)

\-Jhenever a development has been approved and a pem.i t has been issued, the permit shall lapse after ninety days unless work has commenced thereon.

(b)

Whenever a development has been approved but no complete building permit has been issued, the approval shall lapse after 180 days from the date of the zoning certificate, provided that if an application for extension of the development period is applied for before the termination of the initial 180 days, the period may be extended for any period of time not exceeding one year at the discretion of the Zoning Committee.

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6-1 Section 6.

ZONING COMMITTEE. (1)

SEC. 6

Establishment of Zoning Committee.

A Zoning Committee is hereby established to act as the agent of the City Council in making administrative decisions complying with the provisions in this Zoning Bylaw and the Act, but having regard to the merits and circumstances of particular cases and the general scope and intent of the ¡Bylaw.

In particular, the Committee shall:

(2)

(a)

exercise discretion in determining the uses of lands and of buildings in any district that may be permitted only at the discretion of the Committee, provided the discretion is exercised only in conformity with all other provisions of this Bylaw;

(b)

exercise discretion in determining those conditions, regulations and requirements that shall apply to a proposed use of land or a building, provided the discretion is exercised only in conformity with any limitation imposed by any provision of this Bylaw:

(c)

hear and determine an application by any person who proposes that a particular use, that is neither named nor specified in this Bylaw, is sufficiently similar to a use permitted by this Bylaw to be considered a permitted use;

(d)

exercise discretion to prohibit the erection of a building on any site where it would otherwise be permitted, when arrangements satisfactory to the Committee have not been made for the supply to such building of electric power, water, sewerage, street and other facilities, or any of them;

(e)

determine whether or not it is necessary for the routine maintenance of a non-conforming building that it be enlarged, added to, rebuilt or structurally altered.

Interpretation of Bylaw.

The Committee shall, at the request of the Director, the City Architect, the Zoning Appeal Board or any other official, provide its opinion on any question involving an interpretation of this Bylaw.

(3)

Right of Appeal from Zoning Committee.

Any person who is not satisfied with any determination or decision made by the Committee may appeal all or any part thereof to the Zoning Appeal Board.

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6-2

(4)

Composition of Committee.

SEC. 6

The Committee shall consist of the following officers of the City:

(5)

(a)

Two senior members of the Planning Department designated by the Director; The City Engineer; The City Solicitor; The City land Department Superintendent.

(b)

If one or more of the Officers referred to in Subsection (a) above is unable to attend at a meeting, then a senior assistant of his Department may act in his absence and shall attend the Committee meeting and shall be a qualified member of the Committee when so attending.

Committee procedure.

The procedure of the Committee shall be regulated as follows: (a)

The Director shall be the Chairman of the Committee which shall meet at the call of the Chair1Il9.n, and in any event at least once each week, and in case of his absence, a senior member of the Planning Department shall act as Chairman.

(b)

A quorum of the Committee shall be three members.

(c)

Committee meetings shall be informal but decisions made shall be recorded by a Secretary to the Committee provided by the Planning Department. All such decisions may be examined by any person at any reasonable time.

(d)

The Committee shall be entitled to call upon any Commissioner or any technical personnel in the City service to advise it upon a matter that is before the Committee.

(e)

The Committee may, at its sole discretion, hear representations from a person or persons whom it deems may be affected by any decision that it is considering, if satisfied that to do so will assist the Committee to a fuller appreciation of the factors involved in the case under cor.sideration.

(f)

When an application has been received by the Director in the form that he requires and if thirty days have then elapsed without a decision upon the application from the Director or from the Zoning Committee, where the matter is referred to the Committee, then such application shall be deemed refused, and the applicant shall be given written notice that he may then take the application to the Appeal Board.

I 6-3 SEC. 6

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(6)

General duties of Committee. (a)

The Committee shall deal with every application referred to it by the Director as promptly as the circumstances reasonably permit and shall provide brief written reasons for each decision.

(b)

Whenever the Committee is of the opinion that it is not possible for it to assess fairly the effect of the requested permit upon property interests in the vicinity, it may refuse the application so that the applicant may appeal to the Zoning Appeal Board where a hearing may include submissions from persons who deem themselves affected thereby.

(c)

Copies of the Committee's decision shall be mailed by the Director by ordinary mail to the applicant and to the assessed owners of all lands lying within 200 feet of all boundaries of the land which is the subject of the decision, provided that if, due to inadvertence, a copy is not mailed to an assessed owner of any such lands, the validity of the decision shall not be questioned merely by reason of such omission. The notice of the decision shall include a statement that if the applicant or any other person is not satisfied with the Committee's decision or any part thereof, the applicant or any other person may appeal all or any part thereof to the Zoning Appeal Board, provided such appeal is filed at the .office of the Director within 10 days from the date of mailing of the Committee's decision.

(d)

If the Committee has authorized the issuing of the Building Permit, either as applied for or subject so such conditions as are imposed by the Committee, then the City Architect shall, when satisfied that the Building Code requirements have been met, issue the permit to the applicant unless the applicant advises that he will appeal to the Zoning Appeal Board from any condition imposed by the Committee, in which case the permit shall not be issued pending disposition of the appeal.

(e)

If no appeal has been taken to the Zoning Appeal Board from the Committee's decision, the City Architect shall issue the Building Permit when satisfied that the Building Code requirements have been met.

(f)

If an appeal to the Zoning Appeal Board has been taken within the said 10 days, the City Architect shall continue to withhold the issue of the Building Permit, pending the final decision of the Zoning Appeal Board or the abandonment of the appeal, as the case may be.

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6-4 SEC. 6 (g)

(7)

application to appeal from a decision of the Committee to the Zoning Appeal Board may be filed with the Director on a City form and a copy of the appeal shall be placed in the Building Permit application file.

An

Similar Uses. (a)

Whenever the Committee has designated a similar use as permissible, it shall advise the Zoning Appeal Board of the decision so that the Committee and the Board shall have like records of permissible similar uses.

(b)

A separate register shall be kept by the Director of every decision of the Committee and the Appeal Board, listing these uses and the locations thereof which have been declared to be uses similar to uses pennitted by this Bylaw.

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Section 7.

7-1

AHCHITECTURAL PANEL

(1)

SEC. 7 Establishment of Architectural Panel

An Architectural Panel is hereby established to consider and advise on any matters relating to architectural design of buildings, structures or signs, and in particular, the relationship of such design to the surrounding district, provided, however, the Director, in consultation with the City Architect if need be, or the Zoning Committee where the terms of the Bylaw require, shall make aesthetic decisions concerning developments. ('?_)

composi"t'ion. (a)

Except as provided for in Subsection (2) (g) and (h) hereof, the Architectural Panel shall consist of eight members, five of whom shall be appointed annually by Council, namely: Three members of the Alberta Association of Architects; One member of the Association of Professional Engineers of Alberta; One member of the Edmonton House Builders' Association; and the following officials, namely: The City Assessor or his Nominee (who shall not, however, be entitled to vote on a decision;) The City Architect or his Assistant; The Director or his Nominee:

(b)

The Alberta Association of Architects may nominate five members as their proposed representatives on the Panel and when Council appoints these nominees or other nominees, only thrBe of the members so appointed may take part in any meeting of the Panel at one and the same time.

(c)

The Association of Professional Engineers of Alberta may nominate two members as their proposed representatives on the Panel, and when Council appoints these nominees or other nominees only one of the members so nominated may take part in any meeting of the Panel at one and the same time.

(d)

The Edmonton House Builders' Association may nominate two members as their proposed representatives on the Panel, and when Council appoints these nominees or other nominees only one of the members so nominated may take part in any meeting of the Panel at one and the same time.

(e)

The Chairman of the Panel shall be the City Architect or his Assistant, and either official may convene a meeting of the Panel as and when required.

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7-2 SEC. 7

('3)

(f)

Four members of the Panel at a meeting shall constitute a quorwn, provided that at least two are members of the Alberta Association of Architects.

(g)

Council shall appoint two persons from among persons nominated by the sign industry, one of whom shall act as a special representative of the industry to be an ad hoc member of the Panel at a meeting at which a sign is to be considered by the Panel, and he shall have the privileges urovided in Subsection (2) (h) hereof.

(h)

Whenever any application for development of a sign is to be considered by the Panel, the City Architect shall notify the sign industry representatives so appointed of the proposed hearing, and at the hearing one of them shall be entitled to attend and vote in respect of such application.

Relationship of Architectural Panel to Zoning Appeal Board.

The Architectural Panel shall be advisory to the Zoning Appeal Board at the request of the Board or the applicant.

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8-1

Section 8.

ZONING APPEAL BOARD (1)

SEC. 8

Right of Appeal.

A Zoning Appeal Board is hereby established to hear an appeal made by a person

(2)

(a)

who claims that the strict enforcement of the requirements of the Zoning Bylaw or of_Section 82 of the Town and Rural Planning Act concerning non-conforming buildings and uses would cause him special and unnecessary hardship because of circumstances peculiar to his situation within the district; or

(b)

who is not satisfied with a decision I!IB.de by the Committee; or

(c)

when this Bylaw provides for an appeal.

Membership.

The Zoning Appeal Board (hereinafter referred to as the Board) shall consist of seven members to be appointed annually by resolution of the Council, all of whom shall at all times be tax payers of the City of EdrÂľonton, but none of whom shall be officials or servants of the Council, and a majority of whom shall consist of persons other than members of the Council.

Any member of the Board having a director indirect pecuniary interest in any matter before the Board shall declare such interest to the Board and abstain from voting on such matter, all of which shall be recorded in the Minutes of the Board.

(3)

(4)

Administration. (a)

The Board shall appoint its own Chairman and Vice-Chairman and the City Commissioners shall designate a Secretary, who shall not be a member of the Appeal Board.

(b)

A quorum at any meeting of the Board shall be four members.

(c)

The Board shall meet at least once in each calendar month and at such other times as the Board or the Chairman may consider necessary.

Jurisdiction.

On an appeal made under Subsection (1) (a) hereof, the Board, having regard to the merits and circumstances of the particular case and the general scope and intent of this Bylaw, and in order to avoid unnecessary hardship, may (a)

confirm, reverse, or vary the decision appealed from,

I I I I I I I I I I I I I I I I I I

I

8-2 SEC. 8

(5)

(b)

impose such requirements or limitations as it deems to be desirable and proper in the circumstances, and

(c)

where the appeal concerns an existing use that is not permitted in the district under this Bylaw, permit the continuance of the non-conforming use.

Jurisdiction.

On an appeal made under Subsection (1) (b) and (c) hereof, the Board, in making its decision, shall be bound by the provisions contained in this Bylaw; but, having regard to the merits and circumstances of the particular case, and the general scope and intent of this Bylaw, may

(6)

(a)

confirm, reverse or vary a decision appealed from, and

(b)

impose such requirements or limitations as it deems to be desirable and proper in the circumstances.

Decision not a Precedent.

Where the Board allows a relaxation of a provision of this Bylaw or of Section 82 of the Act, in respect of a particular appeal and with respect to a particular site,

(7)

(a)

it shall not be obliged thereby to allow the same or a similar relaxation in respect of another appeal or with respect to another site in the same district or class of district, in another district or otherwise howsoever, and

(b)

this Bylaw shall not be deemed to be altered or amended by the relaxation, but any provision thereof so relaxed shall continue in full force and effect with respect to all other sites and to the same site under all conditions other than those dealt with in the particular appeal, unless and until such provision is amended by Council in the manner provided in the Act and in this Bylaw.

(c)

All decisions of the Board shall be submitted to the next regular meeting of Council.

Limitation of Powers.

The Board shall decide an appeal in accordance with the provisions and limitations contained in the Act in respect of appeals, and in compliance with all the applicable provisions of this Bylaw and of other federal, provincial and municipal legislation and regulations.

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8-3 (8)

Decisions Final.

SEC. 8

A decision of the Board with respect to an appeal under this Bylaw is final and binding, and there shall be no appeal therefrom. Decisions shall be rendered promptly without undue delay.

(g)

Procedure. (a)

The hearings of appeals before the Board shall be open to the public, provided that the Board may deliberate and reach its decisions in private, and the majority vote of those present shall constitute the decision of the Board.

The hearings of appeals shall be dealt with promptly and heard without undue delay.

(b)

The proceedings of the Board shall be informal. Any person whose property is affected by an appeal shall have a right to be heard in person or by agent or by making a written submission.

(c)

The Board, or any member thereof, may in any or all cases, before or after hearing, inspect the site in respect of which an appeal is being made before arriving at a decision.

(d)

In any case in which the Board desires further technical or other information, it may defer a decision pending receipt of such information.

(e)

Written reasons shall be given by the Board for its decisions and a copy of such reasons shall be furnished to the appellant and to the applicant.

(f)

All decisions of the Board may be examined by any person at any reasonable time.

(g)

appeal made under the provisions of this Bylaw shall be made upon the form provided by the City, and shall be deposited with the Secretary of the Board within ten days of the issue of the decision by the Zoning Committee.

(h)

On the deposit of a l,'otice of Appeal, the appellant shall pay to the City a fee of $10.00. If the appellant withdraws the appeal before it is heard by the Board, the Secretary of the Board shall return to the appellant the fee paid. In the case where the appellant is successful, the fee shall be returned to him.

(i)

After any rotice of Appeal is duly completed and deposited, the Board Secretary shall mail a notice of the hearing to the appellant by ordinary mail not less than 5 days before the date of hearing of the appeal.

An

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8-4 SEC. 8

(j) The Board Secretary shall, not less than 5 days before the date of hearing of any appeal, mail a notice by ordinary mail to the assessed owners of all lands lying within 200 feet of the land which is the subject of the appeal, provided that if, due to inadvertence, a copy is not mailed to an assessed owner of any such lands, the validity of the Board decision shall not be questioned merely by reason of such omission. (k)

Not less than 5 days before the date set for the hearing, a notice of the type and size approved by the Board shall be posted by the appellant or other interested party, in a conspicuous place on or abutting the site and, where possible, not more than 3 feet from the street upon which the property faces. This notice shall be firmly affixed and remain on the site until the time of hearing of the application. The appellant shall file a statutory declaration at the Office of the Director before the appeal is heard, certifying compliance with the foregoing.

(1)

Compliance with Subsection (g) (j) and (k) hereof, may be waived by the Board in any case where the Board deems it proper and is satisfied that the matter has been sufficiently publicized.

(m)

The Board is hereby authorized to establish further rules for the conduct of appeals and to prescribe all forms and notices for the conduct of its business.

(n)

Compensation to the members of the Board shall be such amount as Council may from time to time establish.

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9-1 Section 9

SEC. 9

A.ilV!ENDMENT S (1)

Application.

Any person applying to have this Bylaw amended shall apply in writing to the Technical Planning Board, furnishing reasons in support of the application and requesting that the Board submit the application to the Council.

(;~)

Prior consideration by Technical Planning Board.

If a person applies to the Council in ment to this Bylaw, the Council shall application to the Technical Planning the provisions of this Section before proposed by such person.

(3)

any manner for an amendrequire him to submit his Board in accordance with it considers the amendment

Limit on frequency of application.

Notwithstanding anything contained in this Section or in this part, a proposed amendment which has been rejected by the Council within the previous twelve months shall not be reconsidered unless Council otherwise directs.

(4)

Payment and undertaking.

A person making an application to the Technical Planning Board for an amendment to this Bylaw for a purpose other than the clarification of an existing provision of this Bylaw shall

(5)

(a)

pay to the City an application fee of $25.00, and

(b)

undertake in writing on a form provided by the Technical Planning Board, to be liable for and to pay on demand all expense which the City may incur to other persons made necessary by the processing of the proposed amendment, whether it be enacted or not, including, but not limited to, map printing or reproduction costs, surveys and advertising charges.

Council may direct repayment.

If it appears that the proposed amendment is one which is applicable to and for the benefit of the City at large, ~r most of the persons affected in one area or in one district or class of district, then the Council may direct that the application fee be returned to the applicant and that the City pay the expense which the applicant has agreed to pay, pursuant to the provisions of Subsection (4) hereof.

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9-2 SEC. 9 (6)

Liability of applicant.

Unless the Council directs.that the additional expense of a proposed amendment, whether it be enacted or not, be borne by the City, the applicant shall, upon receipt of an account for same, pay to the City those expenses for which he has undertaken to be liable.

(7)

Preliminary examination.

The Technical Planning Board shall

(8)

(a)

examine the proposed amendment for content, and

(b)

advise the applicant that (i)

it is prepared to recommend the amendment to the Council without further investigations or

(ii)

it is not prepared to recommend the amendment or

(iii)

it may recommend the amendment after due investigation into the matter or

(iv)

it is prepared to recommend an alternative amendment either at once or after due investigation.

Procedure by applicant.

Upon receiving the preliminary advice of the Technical Planning Board, the applicant shall.advise the Board if

(9)

(a)

he wishes the Board to proceed with the amendment submitted by him or a.n alternative amendment proposed by the Technical Planning Board or

(b)

he wishes to withdraw his application for an amendment.

(c)

Notwithstanding the provisions of Subsection (1) or Subsection (8) (a) hereof, the Technical Planning Board shall not be bound to consider an application submitted to it unless it is accompanied by an application fee and an undertaking to pay the expenses required by . Subsection (4).

Investigation by Director.

If the applicant chooses to have the Technical Planning Board proceed with the amendment submitted, or an alternative amendment proposed by the Board, the Board shall refer the amendment to the Director, who shall

I I I I I I

9-3 SEC. 9

(10)

initiate or carry out any necessary investigation or analysis of the problems involved in or related to the amendment, and

(b)

prepare a detailed report for the Council on the proposed amendment, and

(c)

submit a copy of the report, maps and all material relevant thereto to the Technical Planning Board.

Decision by Council.

As soon as reasonably convenient, the Technical Planning Board

;shall submit the proposed amendment as originally applied for or as alternatively chosen by the applicant, as the case may be, to the Council, accompanied by the report of the Technical Planning Board and the report of the Director and other relevant material, if any, and the Council shall then consider the proposed amendment.

.I I I I I I I I I I I I I

(a)

(11)

Proposed amendments may originate from Technical Planning Board.

The Technical Planning Board may at any time on its own motion, present for the consideration of Council any proposed amendment to this Bylaw, and the proposed amendment shall be accompanied by the report and recommendation of the Technical Planning Board and the report and recommendation of the Director.

(12)

Amendments proposed in Council.

Council may at any time initiate an amendment to this Bylaw, but prior to first reading of any proposed amendment the proposal may be referred to the Technical Planning Board and to the Director for their reports and recommendations.

(13)

Preliminary District Plan. (a)

Notwithstanding anything contained in this Bylaw no amendment to this Bylaw shall be considered or enacted which would cause this Bylaw to be or become at variance with or in contravention of the Preliminary District Plan adopted by the Edmonton District Planning Commission on January 8th, 1958, or as the same may be amended or that conflicts with or is inconsistent with any District General Plan which may be adopted by the Edmonton District Planning Commission.

(b)

If it appears to the Technical Planning Board considering an application for amendment, that such proposed amendment is at variance with or in contravention of the Preliminary District Plan or conflicts with or is inconsistent with

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9-4 SEC. 9 any District General Plan, both as referred to in the foregoing clause (a) of this subsection '13), the Technical Planning Board shall advise the applicant that before the proposed amendment can be considered by the Council the appli~aht must cause the said. Preliminary District Plan or District General Plan, as the case may be, to be amended so that the applicant's proposed amendment to this Bylaw, if enacted, will not be at variance with or in contravention of the Preliminary District Plan or be in conflict with or inconsistent with any such District General Plan, as the case may be. (c)

The provisions of this subsection (13) shall apply mutatis mutandis in the case of any amendment to this Bylaw proposed by the Council or by the Technical Planning Board.

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Section 10.

PENALTIES.

(1)

Contraventions.

10-1

SEC. 10

A person who (a)

contravenes, or suffers, or permits an act or things to be done in contravention of (i) (ii)

(b)

a condition or conditions upon which a permit is granted pursuant to the provisions of this Bylaw, or

neglects or fails (i) (ii)

(c)

a provision of this Bylaw; or

to do any act or thing required to be done by this Bylaw, or to comply with any condition or conditions upon which a permit is granted pursuant to the provisions of this Bylaw, or

continues or maintains a building or structure or use of a building, structure or land (i)

in a district in which it is prohibited in this Bylaw, and in which such building, structure or use is not a non-conforming building, structure or use as defined in the Act, or

(ii)

in a manner or under conditions which are contrary to a provision of this Bylaw, or

(iii)

for which an approval, authorization or consent is required by this Bylaw, but has not been obtained, or

(iv)

upon which conditions are imposed by a provision of this Bylaw, without complying with such conditions, or

(v)

upon which conditions are imposed in respect of a permission granted under the provisions of this Bylaw in respect of the said building, structure or the said use of such building, structure or land, without complying with such conditions

is guilty of an offense, and is liable on swnmary conviction to a fine not exceeding one hundred dollars and costs, and in addition thereto to a fine not exceeding twenty dollars for every day the default continues, and in default of payment to imprisonment for a term not exceeding thirty days, unless the fine and costs are sooner paid.

I 10-2 SEC. 10

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(2)

Liability of owner, tenant, etc.

When the owner, tenant or occupant of a site engages a concontractor, technician, tradesman or other person to undertake any development upon or in connection with the said site, or any building or stiucture thereon, the owner, tenant or occupant is liable for the penalties provided by Subsection (1) hereof for any failure to comply with the provisions of this Bylaw.

(3)

Responsibility of contractor, tradesman, etc.

A contractor, technician, tradesman or other person undertaking any development shall first be satisfied that such work is authorized under this Bylaw.

(4)

Further prosecutions.

The conviction of a person under the provisions of this Section shall not operate as a bar to further prosectuions under this Section for the continued neglect or failure to comply with the provisions of this Bylaw, or with the conditions of a permit issued pursuant to this Bylaw.

( 5)

Investigations of complaints.

Any person may report to the Director in writing respecting any alleged¡ infraction of this Bylaw and any complaint shall be recorded and promptly investigated and the complainant shall be advised of the action taken.

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CITY OF EDMONTON ZONING BYLAW NO. 2135 - AMENDMENTS. Re:

(1)

Section 11.

Section 11 is amended l>y striking out the whole of Subsection and by substituting the following:

(1)

A

AG-UR AG-U AG AR

AS .A:P

RRA RRB RRC

R-1 RC-1 R-2 R-2A

R-3 R-4 C-1 C-2 C-7 M-1 M-2 M-3

Designation of Districts

For the purposes of this Bylaw all land shown on the Zoning MEtp being Appendix No o 2, shall be divided into districts having the following designations:: Section Reference Parkway and Public UseB Districts l Agricultural Urban Reserve District 16-A Agricultural General Urban District 16-B 16-c Agricultural District Country Residence District 16-D Agricultural Small-Holding District 16-E Public Parks District 17 18 Restricted Residential District Restricted Residential District 19 20 Restricted Residential District Residential District 21 21-A Residential Conversion District 22 Residential District Residential District 23 24 Residential District 24~A General Residential District Commercial District 25 26 Commercial District (Restricted) Tourist Commercial District 27 28 Industrial District Industrial District 29 Industrial District 30

Bylaw Noo 2272 Passed October 9th, 1962.

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PA RT Section ll.

III

ZONING DISTRICTS

(1)

ll-1

/

Designation of Districts

Bylaw~al

For the p.irposes of this and sh Map, being Appendix No. 2, shal ~ivided i having the following designati s:

/

Section Reference.

(a) A (b) AP ( c) (d) (.e) (f) (g) (h) (i)

Districts 'RRB Restrict Residential Districts RRC Restricte Residential Districts R-1 ~sidential ¡ tricts R-2 ~:e~dent:i.al Districts R-2A ~E!ident:Lal Districts R-3 R i ntial Districts (J~ Co ercial Districts (k) Connnercial Districts (1) C(Restricted) Tourist Commercial Districts (m) M-1 Industrial Districts (n) M-2 Industrial Districts (o) M-3 Indus trial Districts

(2)

RRA

16

17 18

19 20 21 22 23

24

25 26 27 28

29 30

Shortened Designation.

Through<llt this Bylaw, a district is referred to by the letter or letters and the number, if any, designating the name of the district in Subsection (1) hereof.

(3)

District boundaries.

The boundaries of the districts listed in Subsection (1) hereof, are those delineated on the Zoning Map.

(4)

Interpretation of district boundaries.

If there is any uncertainty or dispute about the exact location of the boundacy of any district as shown on the Zoning Map, th~ l,ocation sh.all be determined by the application of the fallowing rules : (a)

where a dist:cic:t boundary is shown as approximately following the centre of streets, lanes or other piblic thoroughfares, it shall be deemed to follow the centre line thereof;

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11-2 SEC. 11 (b)

where a district boundary is shown as approximately following the boundary of a site, the site boundary shall be deemed to be the boundary of the district for the portion of the district boundary which approximates the site boundary;

(c)

where a district boundary is shown as approximately following City limits it shall be deemed to be following City limits;

(d)

where a district boundary is shown as following railway lines it shall be deemed to be the centre of the rightof-way;

(e)

where a district boundary is shown as approximately following the edge or shore lines of the North Saskatchewan River, or streams, lakes or other bodies of water, it shall be deemed to follow such lines, and in the event of change in such edge or shore lines it shall be deemed as moving with the actual lines; boundaries shown as approximately following the centre lines of such bodies of water shall be deemed to follow such centre lines;

(f)

where a district boundary is indicated as parallel to or an extension of features indicated in Subsection (4) (a), (b), (c), (d), (e) hereof, it shall be so construed.

Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map;

(g)

where features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered by Subsection (4) (a), (b), (c), (d), (e), (f) hereof, the Technical Planning Board shall interprete the district boundaries, and such decision may be appealed to Council.

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CITY OF EDMONTON ZONING BYLAW NO. 2135 - AMENDMENTS. Re:

Section

l:'.~,

Subsection (1).

Seetion 12 1 Subsection (1) is a.mended by adding therein after s:,.ub-paragraph (a) (vii) the :following: "(a.a) No person shall subdivide land in an AG Agricultural Di.strict to be used for agricultural or other uses permitted, or permitted subject to special approval of the Zoning Committee, into sites of less than twenty (20) acres exeept as otherwise provided in Section 16C (3)o" Bylaw No. 2272 Passed October 9th1 1962.

Re:

Section l:~, Subsection (1).

Sedion 12 1 Subsection (1) is amended by adding therein after sub-paragraph (aa) the following: "(ab) No person shall subdivide land in an AG-UR AgricUJ..tural Urban Reserve District unless, -in the op:lnion of the Technical Planning Board, the Subdivision will not prejudice the future economical subdivision or servicing of the land on a neighbourhood or community basis~ Bylaw No. 2272 Passed October 9th, 1962.

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12-1 Section 12.

GENERAL REGULATIONS (1)

SUbdivision of Land. (a)

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No person shall subdivide land to be used for residential purposes into lots of less size than: (i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(b)

I

'I

SEC. 12

a mean width of seventy feet and an area of eighty-five hundred square feet if the land is located in an RRB Restricted Residential District; a mean width of sixty feet and an area of sixtyfive hundred square feet if the land is located in an RRC Restricted Residential District; a mean width of forty-five feet and an area of five thousand square feet if the land is located in an R-1 Residential District; a mean width of fifty feet and an area of seven thousand square feet if the land is located in an R-2 Residential District; a mean width of fifty feet and an area of seven thousand square feet if the land is located in an R-2A Residential District; a mean width of sixty-six feet and an area of eighty-six hundred square feet if the land is located in an R-3 Residential District.

Notwithstanding the provisions of Subsection (1) hereof, where land proposed for terraced dwellings or semidetached dwellings is intended to be subdivided to accommodate individual dwelling units in any district where such development is permitted, the mean width of each lot shall be not less than 20 feet, and the minimum lot area for each dwelling unit shall be not less than: (i) (ii)

(c)

a mean width of eighty feet and an area of ten thousand square feet if the land is located in an RRA Restricted Residential District;

2,500 square feet for an inside lot, 3,500 square feet for an end house lot or semidetached dwelling.

Where, in this Bylaw, there is prescribed the min1Illum dimensions of a site for a particular use, subject to the provisions of subsection (1) (a) hereof, a person shall not use a site of lesser dimensions for such use.

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12-2 SEC. 12 (d)

I I

Notwithstanding the provisions of Subsection hereof, if a site

(c)

(i)

has a mean depth of not less than one hundred feet and a mean width of not less than thirtythree feet, and was registered in the Land Titles Office pl'ior to the day on which this Bylaw comes into effect, or

(ii)

is registered after this Bylaw becomes effective in accordance with the Supdivision and Transfer Regulations,

a person may erect on the site a one-family dwelling if the site is located in a district where such building is permitted. (e)

Notwithstanding the provisions of Subsection (1) (c) hereof, if a site

( i)

I

(ii)

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(1)

has an area of not less than five thousand square feet and a mean width of not less than forty-four feet and was registered in the Land Titles Office prior to the date on which this Bylaw comes into effect, or is registered after this Bylaw becomes effective in accordance with the Subdivision and Transfer Regulations,

a person may erect on the site a two-family dwelling i f the site is located in a district where such a building is permitted.

(2)

Minimum Yards.

Unless otherwise provided for in this Bylaw, no portion of any yard or other open space required about any development shall provide any portion of a yard or open space for any development on an abutting site.

(3)

Projection into Yards.

The following features may project into a required yard: (a)

Verandas, porches,¡ eaves, shade projections, bay or oriel windows, chimney breasts or parts of chimney, belt courses, sills, balconies, together with any other architectural features which, in the opinion of the Director are of a similar character, provided such projections do not exceed 24 inches in the case of required yards 5 feet and over, and 18 inches or required yards less than 5 feet, unless otherwise approved by the_ Committee.

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12-3 SEC. 12 (b)

Unenclosed steps with or without a landing, but without a roof and not more than 3 feet above ground level.

(c)

An open, hardsurfaced and uncovered terrace or patio in any yard in a residential district if such terrace is completely unenclosed except by a guard rail or parapet wall not exceeding the maximum height permissible for a fence in the same location. No such terrace shall project into any required front yard more than 8 feet. The provision of an awning or similar temporary covering for such a terrace shall be permitted.

I

(d)

Any loading space required under the provisions of this Bylaw constructed and maintained within any required yard.

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(e)

An unenclosed exterior fire escape not more than 4 feet in width, provided no such fire escape shall be permitted within a front yard without the prior approval of the Director.

(f)

(4)

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Swimming pools, fish ponds, ornaments, flagpoles, permitted signs or the like provided that swimming pools shall not be constructed within any required front yard.

Objects Prohibited or Restricted in Yards.

No person shall keep in any part of the yard in any residential district:

(5)

(a)

a commercial vehicle loaded or unloaded of a maxj_mum weight in excess of 9,000 pounds;

(b)

more than one cormnercial vehicle of a maximum weight not in excess of 9,000 pounds for longer than is reasonably necessary to load or unload such vehicle; or

(c)

any dismantled or wrecked vehicle for more than seven successive days; or

(d)

any object or chattel which, in the opinion of the Director, is unsightly or tends to adve~sely affect the amenities of the district.

Public Utility Buildings.

Notwithstanding any other provision of this Bylaw, when a gas, electricity; water or sewage pumping, regula:ting1 transformer or storage building or equipment is erected in a district in which such building or equipment is allowed, on a

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12-4 SEC. 12 site approved by the Director for that purpose and when such site is of less area than other sites in the immediate locality, the person erecting the building or equipment shall place it or cause it to be placed on the site in a position which is to the satisfaction of the Director.

(6)

Restrictions on Corner Sites.

Notwithstanding anything elsewhere contained in this Bylaw, a person using a corner site in any district shall comply with all the restrictions, limitations and conditions relating to visibj.Jity approaching highway intersections as imposed or required by the Edmonton Traffic Bylaw as amended.

(7)

Fences in Residential Districts.

A person shall not construct a fence on a site in a residential district that is higher, measured from the general ground level 1 foot back of the property line on whichever side of the fence is the lower, than:

(8)

(a)

six feet for the portion of the fence that does not extend beyond the foremost portion of the principal building on the site; and

(b)

three feet for the portion of the fence that does extend beyond the foremost portion of the principal building on the site, provided that the Director may allow a fence to be erected to not more than 6 feet in height if, in his opinion, it will not prejudice the amenities of the District; and

(c)

in the case of corner sites, the foremost portion of the principal building referred to in (a) and (b) of this Subsection (7) shall apply to both faces of the building fronting onto streets.

Corner Sites, In the case of a corner site on a flanking street, the frontage of the site shall be taken on the shortest boundary thereof abutting on a street, provided that in the case of a corner site composed of more than one lot, the frontage of the site shall be taken on the same street as the frontage of the corner lot. Where the two boundaries of a corner site on a flanking street are equal, the frontage of the site shall be determined by the Director.

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12-5 SEC. 12 (9)

Double Fronting Sites.

A double fronting site or a site fronting onto more than two streets, shall have a front yard on each street in accordance with the front yard requirements of the district or.districts in which the site is located. Any proposed accessory buildings and fences shall be located to the satisfaction of the Director.

(10)

Accessory Buildings. (a)

General. (i)

Where a structure is attached to the principal building on a site by a roof, an open or enclosed structure, a floor or a foundation, it is to be considered a part of the principal building and is not an accessory building.

(ii)

An accessory building shall not be located closer than 18 inches to that portion of the site directly above a gas or other underground service carrying an inflammable substance.

(iii)

(b)

No person shall construct a driveway for motor vehicles from a site to a thoroughfare, if the thoroughfare, in the opinion of the City Engineer, carries or will carry a heavy traffic volume, unless (A)

there is no other practical method of vehicular access to the site; and

(B)

he provides a turning space on the site connected to the driveway so that every motor vehicle leaving the site by such driveway will face the thoroughfare which the driveway enters; and

(c)

he causes the driveway to enter such thoroughfare at a location on the common boundary to the satisfaction of the City Engineer.

Residential Districts. (i)

(ii)

.An accessory building erected on a site in a residential district shall not be used as a dwelling.

Where a site is located in a residential district the following regulations shall apply to accessory buildings:

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12-6 SEC. 12 (A)

Height.

An accessory building shall not exceed 12 feet in height nor one storey.

(B)

Site Coverage.

The total combined floor area of accessory buildings shall not exceed 10 per cent of the site area.

(c)

Location on Interior Site.

(1)

An accessory building shall be located at not less than 60 feet from the front property line unless it complies with yard requirements applicable to the principal building.

(D)

(2)

An accessory building shall be located at not less than 3 feet from the side property lines except where a mutual garage is erected on the common property line to the satisfaction of the Building Inspector and the Director.

(3)

An accessory building shall be located at not less than 3 feet from any principal building.

(4)

An accessory building which exceeds the maximum height permissible for a fence in such location, shall be located at not less than 2 feet from the rear property line, except as provided for in (5) hereafter.

(5)

In the case of a separate detached garage, there shall be a minimum distance of 16 feet from the rear property line to the doors of the garage, if they face the rear lane. Similarily, in the case where the garage doors face a lane flanking the side of a lot a minimum distance of 16 feet shall apply.

Location on a Corner Site.

The regulations governing accessory buildings on interior sites shall apply also to corner

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SEC. 12 sites, excepting that: Where an accessory building flanks a side street on a corner site, the side yard of such accessory building next to the side street shall be not less than the side yard required under this Bylaw for the principal building, except in the case of a separate detached garage where the garage doors face the side street, in which case there shall be a minimwn distance of 15 feet from the side property line next to the side street to the garage doors. (c)

(11)

Accessory Buildings:

Other than Residential.

(i)

No person shall construct or use in a C-1 or C-2 District an accessory building as a workshop, the ground floor area of which is more than 40 per cent of the ground floor area of the principal building on the same site.

(ii)

No person shall construct an accessory building, in a non-residential district, on a site which abuts a site in a residential district so that the building is nearer the boundary of the residential site than 5 feet.

(iii)

In the case of an accessory building proposed to be used as a garage, the location of such garage and vehicular access therefrom to a street or lane shall be to the satisfaction of the Director.

Off-street Vehicular Loading and Unloading Facilities.

When any new development takes place, or when any existing development is, in the opinion of the Director, substantially enlarged or increased in capacity, off-street vehicular loading and unloading spaces, based on the total development both existing and proposed, shall be provided and maintained in accordance with the following requirements:

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12-8 SEC. 12 (a)

Use of Building or Site.

(i)

Total Gross Floor Area of Building

Retail Store, industry or warehouse or similar use as determined by the Committee.

Spaces Required.

Less than 5,000 sq. ft.

1

5,000 sq. ft. to 25,000 sq. ft.

2

Each additional 25,000 sq. ft. or fraction thereof.

(ii)

Office Building, place of public assembly, hospital, convalescent home, institution, club or lodge, public utility, school or for any other similar use as determined by the Committee.

Up to 30,000 sq. ft.

Each additional 30,000 sq. ft. or fraction thereof.

1

additional 1

1

additional

In addition to the above requirements in every case where ¡materials are being transported to and from open storage locations on the site, the surface of the necessary access roads shall be constructed and maintained to the satisfaction of the City Engineer. (b)

Access to Loading and Unloading Space.

Where the site abuts a lane, vehicular access to the loading space shall be provided from such lane. Access shall be so arranged that no backing or turning movements of vehicles going to or from the site cause interference with traffic on the adjoining or abutting streets or lanes.

(c)

Location of Loading and Unloading Space.

All loading and unloading spaces shall be located on the site in .such a way that all materials and commodities loaded or unloaded can be easily collected or distributed within the site to or from all tenants or occupants.

(d)

Size of Loading and Unloading Space.

Every loading a.r..d unloading space shall be of adequate size and with adequate access thereto, both to the satisfaction of the Director, to accommodate the types of

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12-9 SEC. 12 vehicles which will be loading and unloading, but in no case shall the space be less than 300 square feet in area or than 8 feet wide or with less than twelve feet overhead clearance. (e)

Hardsurfacing of Loading and Unloading Space. (i)

(ii)

(iii)

(f)

Every off-street loading and unloading space provided or required in any district and the access thereto, inclu,ding the whole area contained wi1;hin the City land to ~hich the curb crossing permit applies, shall be hardsurfaced if the access thereto is from a street or lane which is hardsurfaced.

Where hardsurfacing is provided or required, such shall mean the provision of a durable, dust-free, hardsurface constructed of concrete, asphalt br similar pavement, and the same shall be drained, developed and maintained to the satisfaction of the City Engineer and the City Architect.

Notwithstanding anything in this Subsection (11) (e) contained, if the street or lane from which access is available to any required loading or unloading space to a building or a dock is hardsurfaced after the time at which the loading or unloading space is provided or required, the person responsible for the construction or maintenance of such loading or unloading space shall forthwith hardsurface such loading or unloading space to a building or a dock and the access thereto and the whole area contained within the City land to which the curb crossing permit applies.

Gross Floor Area.

For the purpose of establishing the minimum required number of loading and unloading facilities, the gross floor area shall also include the floor area -of accessory buildings and basements, and in all cases determined by the exterior measurement. Deductions shall be made from the gross floor area calculation in the case of floor areas used for vehicular parking within the building or accessory buildings.

(g)

Mixed Uses.

In the case of mixed uses, the total requirements for loading and unloading facilities shall be the sum of the requirements for the uses computed separately. Loading and unloading facilities for one use shall not be con-

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12-10 SEC. 12 sidered as providing required loading and unloading facilities for any other use, unless otherwise approved by the Committee.

(12)

Off-Street Vehicular Parking Facilities: Required Vehicular Parking Spaces.

When any new development takes place, or when any existing development is, in the opinion of the Director, substantially enlarged or increased in capacity, off-street parking facilities based on the total development, both existing and proposed, shall be provided and maintained in accordance with the following requirements: (a)

Number of Spaces.

The number of off-street parking spaces required for any development shall be as set out in Subsection (14) hereof called the Parking Schedule.

Size of Spaces.

All off-street parking spaces shall be adequate in size to accommodate the type of vehicles to be parked and to be determined to the satisfaction of the Director.

Access to Spaces.

Adequate access to and exit from individual spaces is to be provided at all times by means of unobstructed manoeuvring aisles and to the satisfaction of the Director.

(d)

Location of Parking Facilities. (i)

For residential buildings the parking facilities for all the residents shall be wholly provided on the same site as the building required to be served, unless otherwise approved by the Committee.

(ii)

For all other uses the parking facilities for all one building users shall be located not more than 400 feet from the building to be served, unless otherwise approved by the Committee. Such distance shall be measured along an accessible street or lane from the nearest point of the parking area to the nearest point of the site wherein the building or use is located.

(iii)

Parking facilities on school sites shall be located to the satisfaction of the Director.

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12-11 SEC. 12 (e)

Uses not specified.

Where a proposed use is not listed in the Parking Schedule, the off-street parking requirements shall be determined by the Committee.

(f)

Different Uses on the Same Site.

In the case of different uses or mixed uses on the same site, off-street parking facilities shall be determined as the sum of the requirements for the uses computed separately. Off-street parking facilities for one use shall not be considered as providing required facilities for any other use, unless otherwise approved by the Committee.

(13)

Development and Maintenance Requirements for Public and Private Parking Areas.

When any new development takes place, or when any existing development is, in the opinion of the Director, substantially enlarged or increased in capacity, public and private offstreet parking shall also be developed and maintained in accordance with the following further requirements: (a)

Frontyard and Sideyard Standards.

Except as otherwise herein provided no parking area shall be located within the required front yard for the district within which the site is located. Where a parking area is located in a residential district, or abutting a residential district, a minimum sideyard of 5 feet shall be provided except on the flanking street of a corner site where a lane, 20 feet or more in width, intervenes between the parking area and the next adjacent lot.

(b)

Proximity to Residential Buildings on the Same Site.

Where the parking area is located on the same site as a residential building, it shall be no closer than 5 feet from such building.

(c)

Hardsurfacing and Curbing of Off-ยงtreet Parking Area. (i)

Every Off-Street parking space provided or required in any residential district and the access thereto including the whole area contained within the City land to which the curb crossing permit applies shall be hardsurfaced, if the number of parking spaces exceeds two and if the access thereto is from a street or lane which is hardsurfaced.

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I

12-12 SEC. 12 - (ii)

Every off-street parking space provided or required in any commercial district and the access thereto, including the whole area contained within the City land to which the curb crossing permit applies, shall be hardsurfaced if the access thereto is from a street or lane which is hardsurfaced.

(iii)

Every off-street parking space provided or required in an industrial district and the access thereto, including the whole area contained within the City land to which the curb crossing permit applies, shall be hardsurfaced if such area lies in front of the principal building. Any area at the rear or the side of the principal building provided or required for off-street parking need not be hardsurfaced, but shall be of such a surface that will minimize the carrying cf dirt or foreign matter. upon the highway.

(iv)

Where hardsurfacing is provided or required such shall mean the provision of a durable, dust-free, hardsurface constructed of concrete, a~phalt or similar pavement, and the same shall be drained, developed and maintained to the satisfaction of the City Engineer and the City Architect.

(v)

Adequate curbs or fences shall be provided to the satisfaction of the City Architect, if, in his opinion, it is or becomes necessary to protect adjacent fences, walls, boulevards, landscaped areas or buildings on the site, or on an abutting site, from contact with vehicles using such parking space or area.

(vi)

Where the street or lane from which access is available to any required parking space is hardsurfaced after the time at which the parking space is provided or required, the person responsible for the construction or maintenance of such parking space shall forthwith hardsurface such parking space and the access thereto and the whole area contained within the City land to which the curb crossing permit applies.

(vii)

Notwithstanding anything contained in this Subsection (13) (c), in any residential district the area required to be hardsurfaced may be constructed on the basis or design of separated tire tracks with natural soil, grass, or gravel between the tracks but constructed so that the tires of a parked or oncoming vehicle will normally remain upon the hard surface.

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12-13 SEC. 12 (viii)

(d)

Notwithstanding anything contained in this Subsection (13) (c), where hardsurfacing has been provided on a site to the minimum required by the Parking Schedule, then the type of surfacing permitted on the balance of the site may be of such material as the Zoning Committee approves.

Lighting.

Any lighting proposed to illuminate off-street parking areas shall be located and arranged so that all direct rays of light are directed upon the parking area only and not on any adjoining properties.

(e)

Entrances and Exits.

Curb crossings shall be subject to the prior.approval of the City Engineer.

(f)

(14)

General Requirements. (i)

\Vhere the number of parking spaces is determined by reference to a unit such as the number of seats or floor area, or the like, as required under Subsection (14) hereof, the next higher number shall be taken where the calculation results in a fractional number of parking spaces.

(ii)

In the case where a required parking area is not located on the same site where the building is located, the owner shall covenant with the City by an agreement to be registered by way of caveat or notification pursuant to The Land Titles Act, that the site on which the parking area is located shall be used for such purposes as long as it is required under this Bylaw.

Parking Schedule.

When any new development takes place or when any existing development is, in the opinion of the Director, substantially enlarged or increased in capacity then provision shall be made for off-street vehicular parking or garage spaces for any development in any district defined in this Bylaw, in accordance with the following standards:

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12-14

SEC. 12

Use of Building or Site.

Minimum Number of Parking or Garage Spaces Required.

Residential: One and two-family dwellings, Apartment Buildings and Terraced Dwellings.

1 per dwelling unit.

Lodging Houses, Fraternity Houses.

1 per 2 beds.

Commercial.

Businessp administrative and professional off ices and banks.

1 per 1,000 sq. ft. gross floor area in the building or to the satisfaction of the Director.

Retail Shops and Personal Service Shops.

1 per 500 sq. ft. of floor space used for retail business purposes or to the satisfaction of the Director.

Eating Establishments.

1 per 10 seats.

Cocktail Bars.

1 per 10 seats.

Beer Parlours.

1 per 10 seats.

Hotels, including motor hotels.

1 per 3 guest rooms.

Motels.

1 per dwelling or sleeping unit.

Equipment and repair shops.

1 per 500 sq. ft. of floor area used for business purposes or to the satisfaction of the Director.

Auditoriums.

Public assembly auditoriums including theatres, convention halls, gymnasiums, race tracks, exhibition halls, labour temples, lodge halls, private clubs, ball parks and other sports arenas and other recreational or amusement places.

1 per 10 seating spaces for public, or 1 per 100 sq. ft. used by the patrons, whichever is greater.

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12-15 SEC. 12

Use of Building or Site.

Minimum Number of Parking or Garage Spaces Required.

Churches.

1 per 15 seating spaces.

Funeral Homes.

1 per 10 seats for persons attending Services.

Schools. (a)

Public or private elementary, junior and senior high schools.

1 per 2 employees. If a Senior High School includes an auditorium, gymnasium or swimming pool available to the public, add 1 per 100 sq. ft. used for assembly.

(b)

Colleges, business or commercial or technical schools.

1 per 10 seats, plus auditorilim requirements where applicable.

Hospitals.

Hospitals, Sanitoriums, Convalescent Homes, Homes for the Aged and other similar uses.

1 per 1,000 sq. ft. gross floor area.

Industrial.

Manufacturing and Inqustrial Plants, Warehousing, Wholesale and Storage buildings and yards, Servicing and Repair establishments, Research Laboratories and Public Utility Buildings.

(15)

1 per 4 employees on maximum working shift, provided however, that this standard may be varied by the Director.

General Provisions in Respect of Restricted Residential Districts.

In all cases where development is proposed within an RRA, RRB and RRC Restricted Residential District, the Director shall make a decision thereon or shall refer the matter to the Committee for decision where the terms of the Bylaw require. The following information shall be provided with the application for a permit, together with any additional information which the Director may require to properly consider the application:

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12-16 SEC. 12

(a)

Site Plan.

A site plan shall be provided giving the following information:

(i) (ii) (iii) (iv) (v)

(vi) (vii)

(b)

Front, side and rear yard distances.

The outline of the roof overhang.

North point.

The location of the principal building, any proposed garage and accessory buildings, fences, driveways and paved areas.

The location of the site in relation to abutting streets, avenues and lanes.

The legal description of the property.

The indication on the site plan of the minimum building lines in respect to front, side and rear yards.

Floor and Foundation Plans. ¡ Floor and foundation plans shall be provided, giving the following information:

(i) (ii) (iii) (c)

All outside dimensions.

Any proposed fireplaces and chimneys shall be indicated and their type noted.

The proposed use of each room shall be indicated on the floor plans.

Elevations.

Elevation Plans shall be provided, giving the following information:

(i) (ii) (iii) (iv)

(v)

All external elevations to the building, including accessory buildings.

The materials of all external wall finishes and roofing shall be indicated.

All projections within the minimum yard requirements shall be indicated and dimensioned.

The finished grade line shall be indicated and its relationship to the grade line, as determined by the City Engineer, shall be shown on all four elevations.

In respect to sites on sloping ground, or where the natural contours of the land are to be disturbed, the relationship between the site and adjacent properties, including streets and lanes, shall be indicated by means of such cross sectional drawings that may be considered necessary by the Director and the Architectural Panel.

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12-17

SEC. 12 (d)

General.

Three copies of the sketch plans, in the first instance, shall be submitted in order that the Director may properly consider the application.

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13-1 SPECIAL PROVISIONS.

Section 13.

(1)

SEC. 13

Churches.

A person applying to develop a site as a church, where permitted under this Bylaw, shall comply with the following special provisions: (a)

The site on which a church is situated shall have a frontage of not less than 100 feet and an area of not less than 10,000 square feet.

(b)

In the case where a manse, rectory, parsonage or other building for a minister's residence is to be erected on the same site as the church, the combined area of the site shall be not less than 15,000 square feet.

(c} The front, side and rear building lines in the case of church sites shall be those permitted within the district in which such church site is located.

(2)

Drive-in Businesses.

A person applying to develop a site as a Drive-in Business, where permitted under this Bylaw, shall comply with the following special provisions: (a)

Site Location: Such site .shall be located at the intersection of two or more highways, being a street or avenue, but not including a lane, provided that a site may be located between intersections where there is a service road or a centre dividing strip on the highway, if the Committee approves the site.

(b)

Site Area and Coverage.

In the case of establishments where the customer normally remains in tne vehicle for service, the minimum site area shall be 10,000 square feet, with a minimum area of building to be erected thereon of 400 square feet. The area of buildings permitted thereon shall not exceed 6 per cent of the total area of any site unless otherwise approved by the Committee. In the case of establishments where the customer parks his vehicle for a short period for the purpose of doing business at the premises, the minimum site area shall be 4,000 square feet with a minimum area of buildings to be . erected thereon of 400 square feet. The area left clear of buildings permitted shall be sufficient for the parking of a minimum of 8 cars of customers.

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13-2

(c)

Irregularly Shaped Parcels of Land.

SEC. 13

Application for a permit in respect of a drive-in intended to be developed on any irregularly shaped parcel of land shall be subject to the approval of the Committee. (d)

Curb Cutting.

On the property side on which traffic enters the intersection, the nearest edge of a curb cutting to an intersection of highways shall be not less than 20 feet from the nearest boundary of the intersection of the highways concerned, said distance of 20 feet to be measured along the curb line; and on the property side on which traffic is driving away from the intersection of highways shall be not less than 5 feet from the nearest boundary of the intersection of the highways concerned, said distance of 5 feet to be measured along the curb line; provided that the prescribed minimum distance may be increased by the City Engineer in special and particular cases where, in his opinion, it is necessary for reasons of public safety or convenience.

(e)

Maximum width of Curb Cutting.

The maximum width of a curb cutting shall not exceed 35 feet.

(f)

Sides or Edges of Driveway Approaches.

The sides or edges of driveway approaches crossing side~ walks or boulevards may be constructed on an angle with the curb line, but the angle subtended between the curb and the edge of driveway shall in no case be less than 300 nor more than 60°. However, when angular crossings over sidewalks are built, excessive slopes or cross falls shall be avoided for the protection of pedestrians.

(g)

Minimum Distance of Adjacent Curb Cuttings.

The minimum distance between adjacent curb cuttings on the same side of the property shall be not less than a distance of 20 feet from each other, measured at the property line, provided that the City Engineer may increase said minimum clear distance in any cases where, because of width of adjacent sidewalks or boulevards or traffic conditions, in his opinion, such increase is necessary for reasons of public safety or convenience.

(h)

Driveways and Parking Spaces.

All parts of the site to which vehicles may have access

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13-3 SEC. 13 shall be hardsurfaced and drained to provide a durable dust free surface to the satisfaction of the City .&lgineer.

(i)

Drainage of Site.

A sufficient number of catch basins to drain the site

shall be provided to the satisfaction of the City Engineer.

(j)

Lighting.

Any lighting proposed to illuminate off-street parking areas shall be located and arranged so that all direct rays of light are directed upon the site only and not on any adjoining properties.

(k)

Set-back of Buildings.

The front wall of a wilding or structure on a site spall not be less than 10 feet, measured at right angles, from the front property line of the site or such greater distance as prescribed for the District within which the building is located.

(1)

Maintenance of Site and Buildings and Business.

The owner, tenant, operator or person in charge of a drive-in shall at all times: (i)

Maintain the site and the buildings, structures and improvements thereon in a clean, neat, tidy and attractive condition and free from all rubbish and debris.

(ii) Provide receptacles for the purpose of depositing therein garbage, rubbish and debris, sufficient in number and size as may be required by the City Engineer and shall use such receptacles for such purpose.

(iii) Be responsible for the proper, safe and orderly operation of the business and of motor vehicles using the site, and without restricting the generality of the foregoing, shall ensure (A)

that operators of motor vehicles do not obstruct the sidewalks and boulevards abutting or adjacent to the site; and

I 13-4 SEC. 13

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(B)

(iv)

(3)

Maintain around the boundaries of the site an appropriate fence not less than 30 inches in height, designed so as to contain rubbish or debris, and shall landscape and keep landscaped the site to the satisfaction of the Director.

Service Stations.

A person applying to develop a site as a Service Station where permitted under this Bylaw shall comply with the following special provisions: (a)

Site Location.

Such site shall be located:

(b)

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that operators of motor vehicles enter and leave the site only at the entrances and exits provided for such purposes and not elsewhere.

(c)

(i)

At the intersection of two or more highways, being a street or avenue, but not including a lane, provided that a site may be located between intersections where there is a service road or a centre dividing strip on the highway, if the Committee approves the site; or

(ii)

Adjacent to a rotary or traffic circle or traffic interchange, either in existence or proposed as may be approved by the Committee; or

(iii)

Part of a Shopping Centre.

Site Area and Coverage.

(i)

The minimum site area shall be based on the ratio of six square feet of vacant space for each one square foot on which buildings are erected, except that in the case of substantially rectangular sites the minimum length of property shall be 132 feet on one side and 99 feet on the other.

(ii)

In the case of a Service Station designed and built as part of a Shopping Centre the ratio of building space to parking space shall be as determined by the Committee.

Irregularly Shaped Parcels of Land.

Application for a permit in respect of a service station intended to be developed on any irregularly shaped parcel of land shall be subject to the approval of the Committee.

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13-5

SEC. 13 (d)

(e)

Curb Cutting. (i)

On the property side on which traffic enters the intersection, the nearest edge of a curb cutting to an intersection of highways shall be not less than 20 feet from the nearest boundary of the intersection of the highways concerned, said distance of 20 feet to be measured along the curb line; and on the property side on which traffic is driving away from the intersection of highways, shall be not less than 5 feet from the nearest boundary of the intersection of the highways concerned, said distance of 5 feet to be measured along the curb line; provided that the prescribed minimum distances may be increased by the City Engineer, where, in his opinion·, it is necessary for reasons of public safety or convenience.

(ii)

In the case of a Service Station adjacent to a rotary, traffic circle or traffic interchange, for curb cuttings facing or moving away from the flow of traffic, the curb shall not be cut nearer the rotary mouth than a minimum of 40 feet from the intersection of the·tangents of the curbs or chord of the curb which borders the rotary.

(iii)

In special cases where the outer curb of the rotary measures 300 feet or more between the intersections of the tangents of the curbs and where also the weaving distance adjoining the service station is 280 feet or more, one central curb cut may· be permitted. The curb cut shall be designed with a small directional island to allow single lane access to and egress from the service station; notwithstanding the foregoing, the City Engineer may refuse to permit such a curb cut if, in his opinion, there are factors making it undesirable to permit the curb cut.

Maximum width of Curb Cuttings.

The maximum width of a curb cutting shall not exceed 35 feet.

(f)

Sides or Edges of Driveway Approaches.

The sides or- edges of driveway approaches crossing sidewalks or boulevards may be·constructed on.an angle with the curb line, but the angle subtended between the curb and the edge of driveway shall in no case be less than 30° nor more than 600. However, when angular crossings over sidewalks are built, excessive slopes or crossfalls shall be avoided for the protection of pedestrians.

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13-6 SEC. 13 (g)

Minimum Distance of Adjacent Curb Cuttings.

The minimum distance between adjacent curb cuttings on the same side of the property shall be not less than a distance of 20 feet from each other, measured at the property line provided that the City Engineer may increase said minimum clear distance in any cases where, because of width of adjacent sidewalks or boulevards or traffic conditions, in his opinion such increase is necessary for reasons of public safety or convenience.

(h)

Driveways and Parking Spaces.

All parts of the site to which vehicles may have access shall be hardsurfaced and drained to provide a durable dust free surface to the satisfaction of the City Engineer.

(i)

Drainage of Site.

A sufficient number of catch basins to drain the site shall be provided to the satisfaction of the City Engineer.

(j)

Lighting.

Arry lighting proposed to illuminate off-street parking areas shall be located and arranged so that all direct rays of light are directed upon the site only and not on arry adjoining properties.

(k)

Use and Maintenance of Service Station Site and Buildings.

The owner, tenant, operator or person in charge of a Service Station shall at all times: (i)

Be prohibited from the carrying-on of the business of a public garage or parking garage (provided, however, that this shall not prevent the use of garage space available on an authorized service station for storage), of any business or activity which is obnoxious or offensive, or which may constitute a nuisance or an annoyance to persons occupying lands in the immediate vicinity of the site of a service station, by reason of dust, noise, gases, odour, smoke or vibration.

(ii)

Maintain the site and the buildings, structures, and improvements thereon in a clean, neat, tidy and attractive condition and free from all rubbish and debris.

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13-7 SEC. 13 (iii) Maintain around the boundaries of the site, other than on street frontage, an appropriate fence not less than 30 inches in height and shall landscape and keep landscaped the site to the satisfaction of the Director.

(4)

Motels.

A person applying to develop a site as a motel, where permitted under this Bylaw, shall comply with the following special provisions: (a)

Interpretation.

For the purposes of this Subsection a rentable unit means ~ separate unit or a terraced unit on a motel site used or intended to be used, for the dwelling accommodation of one or more persons.

(b)

Site Area.

The minimum site area shall be one half-acre feet).

(c)

(d)

(21,780 square

Minimum Space Requirements. (i)

For each rentable unit there shall be provided not less than 2,500 square feet of the site area.

(ii)

Subject to the provisions of Subsection (4) (c) (iii) hereof, each separate rentable unit shall have not less than 400 square feet of floor area exclusive of any car port, garage or parking space.

(iii)

In the case of rentable units which are constructed in the form of terraces, or with a minimum of two units together in one building or under one roof, the total floor area of each rentable unit shall be not less than 225 square feet, but if a rentable unit is constructed as a separate building the minimum floor area shall be 400 square feet as provided in Subsection (4) (c) (ii) hereof.

Location of Buildings on Site.

Each building to be erected on a motel site shall be set back not less than 20 feet from the front property line of the site and not less than 10 feet from the

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13-8

SEC. 13 side and rear property lines, provided that no car port or garage shall be less than 20 feet from any rear or side lanes, unless, in the opinion of the Committee, any proposed distance of less than 20 feet will not interfere with the free movement of traffic in such lanes. (e)

Space Between Buildings.

Except in the cases of rentable units any other buildings where connected by a continuous roof to form a shelter for motor vehicles, not less than 12 feet of clear and unoccupied surface space shall be provided between each rentable unit and any other building on the site.

(f)

Driveways.

Each rentable unit shall face on to or abut a driveway not less than 20 feet in width and shall have unobstructed access thereto.

(g)

Hardsurfacing.

All parts of the site to which vehicles may have access shall be hardsurfaced and drained to provide a durable dust free surface to the satisfaction of the City Engineer.

(h)

Drainage of Site.

A sufficient number of catch basins to drain the site shall be provided to the satisfaction of the City Engineer.

(i)

Entrances and Exits.

Not more than one motor vehicle entrance and one motor vehicle exit to a street, each of a minimum width of 25 feet measured at its minimum dimension shall be permitted, provided that one combined motor vehicle entrance and exit shall be permitted, not less than 30 feet in width.

(j)

Maintenance of Site and Buildings and Business.

The owner, tenant, operator or person in charge of a motel shall at all times: (i)

Maintain the site and the buildings, structures and improvements thereon in a clean, neat, tidy and attractive condition and free from all rubbish and debris.

(ii)

Maintain garbage and/or incineration facilities to the

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13-9 SEC. 13

satisfaction of the City Engineer. (iii)

(5)

Maintain an appropriate fence not less than 30 inches in height around the boundaries of the site and shall landscape and keep landscaped the site to the satisfaction of the Director.

Terraced Dwellings and Semi-detached One-Family Dwellings.

A person applying to develop a site for Terraced Dwellings or Semi-detached One-Family Dwellings in any district where such development is permitted, shall conform to the following special provisions: (a)

The design, use of materials and construction shall be to the satisfaction of the Director, who shall ensure, as far as is reasonably practicable, that materials will be used which ensure that the buildings will be sound and will continue to be of pleasing character and appearance for the life of the building.

(b)

No fences, other structures or additions to the main front face of any dwelling unit shall be permitted within a front yard, save and except for such signs as may be permitted within the district in which the development is located, provided, however, that in the case of semi-detached one-family dwellings when permitted within any residential district, this shall not prevent the erection of a fence within the front yard as prescribed in such district.

(c)

Where the dwelling unit which abuts a street or park, whethe1 or not separated by a lane, creates, in the opinion of the Director, an unsatisfactory rear yard appearance, the developer may be required to provide a screen fence or wall of a type, size and location which is satisfactory to the Director.

(d)

Notwithstanding the provisions of Section 12, the minimum distance from a dwelling to a private garage or any other accessory building exceeding 8 feet in height shall be 15 feet.

(e)

Site Requirements.

(i)

The minimum site area per dwelling unit shall be 3,500 square feet for an end unit or a semidetached one-family dwelling unit, and 2,500 square feet in the case of an inside unit.

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CITY OF EDMONTON ZONING BYLAW NO. 2135 - AMENDMENTS. Re:

Section 13, Sub-section (5)(e)(iv).

Section 13 (5)(e)(iv) is amended by deleting therefrom Section 13 (5)(e)(iv) thereof and by substituting the following: "(iv)

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the maximum site coverage of a dwelling unit excluding any accessory building shall not exceed 28P/o, nor 35% including an accessory building. In the case of a dwelling for which a permit has been issued prior to the passing of this amendment and which exceeds 28% site coverage an accessory garage not exceeding 300 square feet in area may be permitted".

Bylaw No. 2369, Passed March 25th, 1963.

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13-10 SEC. 13 (ii)

The maxinrâ&#x20AC;˘m net d~nsity shall not exceed 14 dwelling units per acre in the case of semi-detached one family dwellings, nor 17 dwelling units per acre in the case of terraced dwellings.

(iii)

The dwelling area of the ground floor or principal floor per dwelling unit shall be 500 square feet.

(iv)

The maximum site coverage of a dwelling unit including any accessory building, shall not exceed 33 per cent in the case of an inside unit nor 30 percent in the case of an end unit or a semidetached one-family dwelling unit.

(v)

The minimum building frontage for a dwelling unit shall be 20 feet.

(vi)

The front building line shall be at the discretion of the Director, who shall have due regard to the amenities of the district, but in no case shall the front building line be set-back less than 20 feet from the front property line and need not exceed 35 feet.

(vii)

The rear yard in the case of terraced dwellings shall be a minimum of 35 feet.

(viii) The minimwn side yard requirements shall be the following: (A)

In the case of an end dwelling unit on a corner lot, a minimum sideyard of 12 feet shall be provided from the property line abutting the side of the dwelling;

(B)

A minimum distance of 10 feet shall be provided between adjacent blocks of terraced dwellings, provided that subject to the requirements of (viii) (A) of this Subsection a minimum sideyard of 10 feet shall be required from the side property line of the site;

(c)

A minimum sideyard of 8 feet shall be required adjacent to a lane;

(D)

A minimum sideyard of 5 feet shalJ be required adjacent to a utility lot;

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13-11

SEC. 13 (E)

(ix)

(6)

In the case of a semi-detached one-family dwelling unit, the minimum sideyard requirements for a pair of such units shall be 20 per cent of the site frontage of each unit but need not exceed 10 feet, except as provided in (viii) (A) of this Subsection.

In the case of two or more grouped buildings, the relationship of the buildings to each other, and-the total relationship to the land on which they are constructed, in particular respect to such matters as architecture and appearance, the provision of adequate light, air, privacy and landscaping shall be to the satisfaction of the Director.

Terraced Dwellings For Individual Home Ownership.

A person applying to develop a site for terraced dwellings, each unit of which is intended for sale for individual home ownership shall conform to the provisions of Section 13 (5) and the following additional requirements. Where a conflict in the application of standards occurs the more restrictive requirements shall apply. (a)

Maintenance.

The design, use of materials and construction shall be satisfactory to the Director and the City Architect who shall endeavour to ensure that premature decay will be unlikely, and for this purpose the following materials, or comparable materials, shall be considered satisfactory: (i)

Exterior Wall Construction - Poured concrete, concrete block, stucco over stucco wire or metal lath on wood frame, stone, brick, metal panels or any incombustible permanent finish.

(ii)

Exterior Front Elevation Finish

(iii)

Party or Dividing Walls

- (from ground level to ceiling of main floor).

Stone, brick, metal panels, or masonry with permanent glazed finish.

- Masonry, required to project beyond the front and rear faces of the dwelling units to define each dwelling unit.

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13-12 SEC. 13

(b)

(iv)

Roofs

- The party wall (fire wall or division wall) shall extend through the roof or to the under side of the roof boards with a metal or other device placed under the roofing to separate the drainage of the individual roofs.

(v)

Window Frames and Sash

- All exterior surfaces to be metal or metal covered wood.

(vi)

All exterior Metal Work

- Non-ferrous material.

Additions or Extensions to Rear Faces of Dwellings.

Any additions or extensions proposed to be erected to the rear faces of dwellings shall require the prior approval of the Committee.

(c)

Basements.

Unless otherwise approved by the Committee every dwelling unit shall have a full basement and such basement shall have the same dimensions as the main floor.

(d)

Location of Accessory Buildings.

The minimum distance from a dwelling to a garage or other accessory building, exceeding 8 feet in height shall be 15 feet.

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14-1 PREVIOUS BYLAWS.

Section 14.

SEC. 14

(1)

No provision of any other Bylaw dealing directly with interim development or zoning shall hereafter apply to any parts of the City described in this Bylaw.

(2)

The Zoning Appeal Board is hereby substituted for the Interim Development Appeal Board established by Bylaw No. 1988 and shall be known as The Zoning Appeal Board provided that it shall exercise the jurisdiction and operate in accordance with the procedures contained in Bylaw No. 1988 when dealing with a development in any part of the City not described in this Zoning Bylaw.

(3)

The Architectural Panel established by this Bylaw shall be the Architectural Panel for the purposes of Bylaw No. 1988.

(4)

The following Bylaws are repealed:Bylaw No. 1379, Parkallen Neighborhood Unit Development Bylaw and Bylaws Nos. 1417, 1532, 1570, 1695, 1916 all being amendments to Bylaw 1379.

Bylaw No. 1548, Development of Gas Service Station Bylaw and Bylaw No. 1681 being an amendment thereto.

Bylaw No. 1567, Multiple Duplex Pousing Project Bylaw and Bylaw No. 1591 being an amendment thereto.

Bylaw No. 1622, Drive-in Businesses.

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15-1

SEC. 15 Section 15.

EFFECTIVE DATE This Bylaw shall come into force and take effect on the 28th day of November A.D. 1961.

READ a first time this 13th day of February A.D. 1961.

READ a second time this 3rd day of July A.D. 1961.

READ a third time and finally passed this 2nd day of October A.D. 1961.

"ELMER E. ROPER" MAYOR

"G. S. DOCHERTY" CITY CLERK

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PART Section 16.

V.

APPENDICES.

16-1 SEC. 16

NO. 1 - DISTRICT SCHEDULES. A - PARKWAY AND PUBLIC USES DISTRICT. USES PERMITTED AND REGULATIONS. (1)

Uses.

Subject to all other prov1s1ons of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as an A - Parkway and Public Uses District, permits will be issued only for the following uses: (a)

A farm of not less than 20 acres (substantially in one parcel) and occupied by one family, where no nuisance prevails by reason of noise, odour, dust or fumes or by reason of appearance.

(b)

A one-family dwelling, including homecraft, on a site of not less than 20 acres.

(c)

Public Parks.

(d)

Buildings and Uses accessory to the above uses.

(e)

Permitted Signs, if the following limitations are observed: (i)

Not more than one non-illuminated real estate sign advertising the sale or rental of the site or premises upon which it is maintained, and having an area of not more than 10 square feet; and

(ii)

on any site on which a residential building is located,_ not more than one trespassing, safety or identification sign, which may be illuminated but not flashing and not exceeding two square feet in area, and such sign may indicate any permitted occupation; and

(iii)

on any site used for non-residential buildings or structures, not more than one identification sign which may be illuminated but not flashing, and not exceeding 35 square feet in background area, and if the framework and design of the sign are considered by the Director to be suitable for the

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16-2

SEC. 16 location. When individual letters are used the maximum permissable area shall be at the discretion of the Director.

(2)

The Following Regulations Apply to Every Development in All A-Parkway and Public Uses Districts. (a)

Height.

The maximum height of buildings shall not exceed 35 feet, unless otherwise approved by the Committee.

(b)

Front Yard.

The who but nor lot

(c)

front yard shall be at the discretion of the Director, shall have due regard to the amenities of the district, in no case shall he permit a set-back less than 25 feet require a set-back exceeding 30 per cent of the mean depth.

Side Yard.

A side yard shall be provided on each side of the development of not less than 15 feet.

(d)

Rear Yard.

A rear yard shall be provided, the minimum depth of which shall be not less than 25 feet.

(3)

Uses Which May Be Permitted Subject to the Special Approval of the Zoning Committee. (a)

City Lands (i)

(ii)

(iii)

Notwithstanding the provisions of subsection (1) of this section, if the land is owned or controlled by the City, permits may be issued for the following uses subject to such uses being first approved by the Committee.

If a permit is granted the development shall be undertaken in compliance with all provisions of this Bylaw and such further conditions (including limitations on the period and the time of use) that the Committee may impose when deemed consistent with the Park character of the district.

Unless otherwise determined by Council, land used or intended for recreation shall be municipally

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16-3 SEC. 16 operated or, where privately operated shall be licensed annually in the discretion of Council, and shall be available to all members of the public at such times, on such conditions and subject to such fees or charges, if any, as may be approved by the City Commissioners from time to time. (iv)

Uses

(A) (B)

(c~

(D (E) (F) (G)

(H) (I)

(J) (K)

(1) (M) (N)

(o) (P)

(Q) (R)

(s)

(T)

(U) (V)

Arbo re ta Archery Ranges Athletic Fields Bandshells Boating Facilities Botanical Gardens Bowling Greens Camp Sites Carnivals or Fairs sponsored by a non-profit community organization for periods not in excess of 7 days.

Directional Signs Establishment.of Historical Sites and Markers Golf Courses, including golf driving ranges Horticultural Nurseries and Greenhouses Ice Hockey, Roller Skating Rinks and Municipally operated Curling Rinks Identification Signs exceeding 35 sq. ft. in area Indoor Rifle and Pistol Ranges Picnic Centres Playgrounds Public disposal grounds when they are intended for reclamation purposes but subject to the prior approval of the Edmonton District Planning Commission.

Public utility buildings and installations, police stations and fire stations and municipally operated recreation buildings, where the location in this district is desired by Council and is essential in the opinion of the Committee. Where adjoining municipalities may be affected, the proposal shall be referred to the Edmonton District Planning Commission for its opinion prior to the issuing of a permit.

Riding Stables and Trails Sand and Gravel Pits, subject to the workings, after extraction, being returned to a condition acceptable to the City Commissioners.

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16-4 SEC. 16

(W) Ski jumps, toboggan slides and sled runs (x) (Y) (Z) (AA) (BB)

Speed and Figure Skating Facilities Swimming and wading pools Tennis Courts Tot-lots Zoological Gardens and Aquaria (cc) Any other uses consistent with the general purposes of the A-Parkway and Public Uses District, namely, to preserve natural parkland along the river and other designated areas for active or passive recreational use and to provide.permanent buffers between incompatible land uses and dis trict.s, and in the case of 路 public uses to provide for highways, access and transportation facilities.

(DD) Buildings or uses accessory to the above uses. (b)

Lands Not Owned by the City. (i)

Notwithstanding the provision of subsection (1) of this Section, if the land is owned or controlled by a person other than the City, permits may be issued for the following uses subject to such uses being first approved路 by the Committee.

(ii)

If a permit is granted the development shall be undertaken in compliance with all provisions of this Bylaw and such further conditions (including limitations on the period and the time of use) that the Committee may impose when deemed consistent .with the Park character of the district.

(iii)

Uses (A) (B) (c)

(D) (E) (F) (G) (H) (I) (J) (K)

(1) (M)

Arbore ta Archery Ranges Athletic Fields Bandshells Boating racilities Botanical Gardens Bowling Greens Camp Sites Carnivals or Fairs sponsored by a non-profit community organization for periods not in excess of 7 days.

Directional Signs Dwelling units with more than four foster children in each unit if to be converted from existing dwelling units.

Golf Courses including Golf Driving Ranges Ice Hockey, Roller路 Skating Rinks and Curling Rinks路

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16-5 SEC. 16

(N)

(o) (P)

(Q) (R) (s) (T)

(u) (V)

(w) (X) (Y) (z) (AA) (BB) (cc)

(DD)

(4)

Identification Signs exceeding 35 sq. ft. in area on any non-residential building or structure.

Indoor Rifle and Pistol Ranges Market Gardens Horticultural Nurseries and Greenhouses Picnic Centres Playgrounds Public and quasi-public buildings on sites of not less than 20 acres, including the following: Hospitals and Sanatoria Institutions of a religious, philanthropic or educational nature Nurseries and Convalescent Homes Riding Stables and Trails Sand and Gravel Pits, subject to the ¡workings, after extraction, being returned to a condition acceptable to the City Commissioners.

Ski Jumps, Toboggan Slides and Sled Runs Speed and Figure Skating Facilities Swimming and Wading Pools Tennis Courts Tot-lots Zoological Gardens and Aquaria Any other uses consistent with the general purposes of the A-Parkway and Public Uses District, namely, to preserve natural parkland along the river, creeks and ravines and other designated areas for active or passive recreational uses and to provide permanent buffers between incompatible land uses and districts and in the case of public uses to provide for highways, access and transportation facilities.

Buildings or uses accessory to the above uses.

Special Pennitted Uses for Existing Subdivisions of Less than the Minimum Area Permitted in this District.

Where a subdivision exists at the time of the passing of this Bylaw which is less than the minimum permitted in this district, such changes of uses may be pennitted by the Committee as are consistent with the uses pennissible in this district and such relaxation of the area requirements may be made by the Committee as are to the greatest extent possible consistent with the general purposes of this district, and taking into account consideration of utilities, transportation, roads, schools, protective services, riverbank stability, adjoining land uses and the need or prospective probability of the use of the site or adjoining land for public purposes and when granting such pennits the Committee may impose conditions as it deems advisable.

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CITY OF EDMONTON ZONING BYLAW NO. 2135 - AMENDMENTS. Re:

Section 2.

Section 2 is amended by insert:ing after Sub-section (16) the following new subsection: 11

(16A) 11 Country residence" means a permanent country dwelling of good construction at a scenic location within convenient commuting distance of urban Edmonton, and grouped with other country residences in a manner which will not result in urban concentrations and which will be beyond the areas of urban expansion. 11 Bylaw No. 2272 Passed October 9th, 1962.

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I I

AG¡¡UR AGRICULTURAL URBAN RESERVE DISTRICT

SECTION 16-A

16 A-1

SEC. 16-A. (1)

Uses.

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as an AG-UR Agricultural Urban Reserve District, permits will be issued only for the following uses: (a)

Farms which are not offensive in nature as herein defined and shall not include the breeding and raising of fur bearing animals or hog ranches.

NOTE:

A new paragraph (l)(ab) to be inserted under Section 12 (1) of the Zoning Bylaw No. 2135, to read as follows:

"(1 )(ab)

(2)

No person shall subdivide land in an AG-UR Agricultural Urban Reserve District unless, in the opinion of the Technical Planning Board, the subdivision will not prejudice the future economical subdivision or servicing of the land on a neighbourhood or community basis."

(b)

Public Parks,

(c)

Buildings and uses accessory to the above uses,

(d)

Permitted signs, in accordance with the provisions of the A~Parkway and Public Uses District,

(e)

Directional' signs, may be permitted at the discretion of the Director.

The Following Regulations Apply to Every Development in All AG-UR Agricultural Urban Reserve Districts.

The design, siting, site coverage, yards, height of buildings, external finish, architectural appearance and landscaping generally of all buildings, including any accessory buildings or structures shall be to the satisfaction of the Director, who, in determining such matters, shall take into account: (a)

the general purpose of this district, namely:- to reserve those agricultural lands on the periphery of the metropolitan development which by their relationship to existing land uses, to the main road system, and to the established utility systems, will in time become suitable for General Urban use; and

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16 A-2

(3)

(b)

the existing uses and prospective uses of land in the vicinity; and

(c)

the Regulations governing AG - Agricultural Districts.

Uses Which May be Permitted Subject to the Special Approval of the Committee.

Notwithstanding the provisions of Sub-section (1) of this Section, permits may be issued for recreational developments of a commercial nature, institutions, public utility uses and installations subject to those uses being determined by the Zoning Committee to be not prejudicial. to the future development of the land for Urban use. If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose. The Committee shall be satisfied that, prior to the granting of permits, the proposed use of buildings will not prejudice the orderly development of the area including, amongst other things, the future establishment of the major thoroughfare system and the eventual establishment of planned residential, commercial, recreational and service facilities on a neighbourhood and community basis, and the Committee shall pay due regard to the general purpose of this district as defined in Sub-section (2)(a) of this Section.

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16 B-1 SECTION 16-B. (1)

AG-U AGRICULTURAL GENERAL URBAN DISTRICT Uses.

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as an AG-U Agricultural General Urban District, permits will be issued only for the following uses:

(2)

(a)

Farms of not less than 20 acres which are not offensive in nature as herein defined, and shall not include the breeding or raising of fur bearing animals or hog ranches.

(b)

Public Parks.

(c)

Municipal and Public Utility Devel9pment.

(d)

Buildings and Uses accessory to the above uses.

(e)

Permitted Signs, in accordance with the provisions of AParkway and Public Uses District.

Regulations.

Regulations for every development in all AG-U Agricultural General Urban Districts, except those approved under Subsection (3) of this Section, shall be in accordance with the following: (a)

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SEC. 16-B

Height.

The maximum height of buildings shall not exeeed 35 feet unless otherwise approved by the Committee.

(b)

Location of Buildings and Land Requirements.

All buildings shall be located on the site to permit a minimum front yard of 25 feet, minimum side yards of 15 feet and a minimum rear yard of 25 feet, provided however, that the Director in his discretion may perm..i..t accessory buildings or structures to be located within the side or rear yards.

(3)

Uses Which May Be Permitted Subject to the Special Approval of the Director and the Zoning Committee.

Notwithstanding the provisions of Sub-section (1) of this section, permits may be issued by the Director for residential, recreational, commercial and service uses including buildings and uses accessory thereto only in accordance with a replotting plan or plan of subdivision approved by City Council. Such re~lotting plan or plan of subdivision shall

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16 B-2 indicate the appropriate detailed zoning and to which the detailed regulations of the Zoning Bylaw shall be applicable.

Provisions of this Bylaw shall apply in the case of all developments upon lands the proposed zoning of which is shown upon the replotting plan or plan of subdivision approved

by Council. Permits shall be issued only in conformity with the general intent of this Sub-section (3) namely:- to facilitate the orderly expansion of the City for uses permitted under the General Urban Zone of the Preliminary District Plan and in accordance with the detailed zoning requirements as shown on the replotting plan or plan of subdivision approved by the City Council pending the rezoning of this District to the more detailed and specific zoning districts contained within the approved plan.

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16 C-1 SECTION 16-c.

(1)

AG

AGRICULTURAL

DISTR~CT

Uses.

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in the Bylaw as an AG Agricultural District, permits will be issued only for the following uses:

(2)

(a)

Farming, provided however, that sites for hog ranches or the breeding and raising of fur-bearing animals shall not be located at less than 500 feet from the nearest residential district.

(b)

Public Parks.

(c)

Permitted signs, as for A-Parkway.

( d)

Buildings and uses accessory to the above uses.

The Following Regulations Apply to Every Development in All AG Agricultural Districts. (a)

Site Area.

The minimum site area shall be 20 acres, except where provided for in Sub-section (3)(f) and (4) of this Section.

(b)

Height.

The maximum height of buildings shall not exceed 35 feet unless otherwise approved by the Committee.

(c)

Location of Buildings and Yard Requirements.

All buildings shall be located on the site to permit a minimum front yard of 25 feet, minimum side yards of 15 feet and a minimum rear yard of 25 feet, provided however, that the Director in his discretion may permit accessory buildings or structures to be located. within the side or rear yards.

(3)

Uses Which May be Permitted Subject to the Special Approval of the Zoning Committee.

Notwithstanding the provisions of Sub-section (1) of this Section, permits may be issued for the following uses, subject to such uses first being approved by the Committee.

If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose:

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16 C-2 (a)

Directional Signs.

(b)

Natural resource developments.

(c)

Public and Quasi-public buildings in sites of not less than 20 acres, including the following: (i)

Hospitals and Sanitoria.

(ii)

Institutions of a religious, philanthropic or educational nature.

(iii)

Nurseries and Convalescent homes.

(d)

Recreational uses.

(e)

Public utility installations and storage uses subject to the prior approval of the Edmonton District Planning Commission.

(f)

Hog ranches, mushroom growing, chicken farms and other similar agricultural uses may be permitted on site areas of not less than 10 acres, subject to the prior approval of the Edmonton District Planning Commission.

(g)

Buildings and uses accessory to the above uses.

In considering proposed uses the Zoning Committee shall pay due regard to the general purpose of this AG Agricultural District, namely:- to conserve the natural resources of the area for purposes of primary production and to prevent the wastage of agricultural land on the metropolitan fringe by premature or scattered subdivision or development.

(4)

Special Permitted Uses for Existing Subdivisions of Less Than the Minimum Area. Permitted in this District.

Where a subdivision exists at the time of the passing of this Bylaw which is less than the minimum permitted in this district such changes of uses may be permitted by the Committee as are consistent with the uses permissible in this district and such relaxation of the area requirements may be made by the Committee as are to the greatest extent possible consistent with the general purposes of this district, and when granting such permits the Committee may impose conditions as it deems advisable.

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16 D-1 SECTION 16-D. (1)

AR

SEC. 16-D.

Uses.

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated or described in this Bylaw as a AR Country Residence District permits will be issued only for the following uses:

(2)

{a)

Country Residences.

(b)

Such recreational and educational uses which, in the opinion of the Director are related to Country Residence Development.

{c)

Buildings and Uses accessory to the above uses.

(d)

Such permitted signs, as are permitted in RRA Restricted Residential Districts.

(e)

Municipal and public utility developments re~uired primarily to service the Country Residence District.

(f)

Public Parks.

The Following Regulations Apply to Every Development in All AR Country Residence Districts. (a)

~

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COUNTRY RESIDENCE DISTRICT

Site Area.

The minimum site area shall be one acre.

(b)

Utilities.

Provisions for utilities, including water supply and sewage disposal shall be made in conformance with the requirements of the Department of Public Health of the Province of Alberta, and the requirements of the Technical Planning Board, as the approving authority under the Subdivision and Transfer Regulations.

(c)

Height of Buildings, etc.

Height of buildings, floor area and yard requirements shall conform to the regulations governing RRA Restricted Residential Districts.

(d)

Site Coverage.

The maximum area of land which may be built upon shall be 15% of the site area.

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I

16 D-2 (3)

Uses Which May be Approved Subject to Special Approval of the Zoning Conunittee.

Notwithstanding the provisions of Sub-section ,(1) of this Section, permits may be issued for the following uses, subject to such uses first being approved by the Conunittee.

If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose: (a)

Homecrafts.

(b)

The office of a professional or business person provided that: (i)

the office is situated in the dwelling unit used by the person as his private residence; and

(ii)

the person conducts the profession or business in the dwelling unit; and

(iii)

the use will not generate parking problems within the district; and

(iv)

the number of employees does not exceed one; and

(v)

there shall be no exterior display or advertising other than a permitted sign.

(c)

Directional Signs.

(d)

Municipal and public utility developments other than those required primarily to service the Country Residence District.

Amend Section (2) by adding the following definition: "Country Residence"~ means a permanent country dwelling of good construction at a scenic location within convenient commuting distance of urban Edmonton and grouped with other country residences in a manner which will not result in urban concentrations and which will be beyond the areas of urban expansion."

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I

16 E-1 AB AGRICULTURAL SMALL-HOLDING DISTRICT

SECTION 16-E.

(1)

SEC. 16-E.

Uses.

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated or described in this Bylaw as an AS Agricultural Small-Holding District, permits will be issued only for the following types of small-holding uses:

(2)

(a)

One-family dwelling, including homecrafts.

(b)

Cultivation, including for example:- market gardening, small fruits, balanced small-holding for home use.

(c)

Such miscellaneous uses, including for example:- bee keeping, rabbits, or other similar uses which in the opinion of the Director will not adversely affect the amenities of the district.

(d)

Buildings and uses accessory to the above uses.

(e)

Permitted signs, as for A-Parkway District.

(f)

Directional signs, at the discretion of the Director.

(g)

Municipal and Public Utility Developments.

The Following Regulations Apply to Every Development in All AS Agricultural Small-Holding Districts. (a)

Site Area.

The minimum site area shall be 3 acres and the maximum site area shall be 20 acres.

(b)

Utilities.

Water supply and sewage disposal provisions shall be made in conformance with the requirements of the Department of Public Health of the Province of Alberta and the requirements of the Technical Planning Board, as the approving authority under the Subdivision and Transfer Regulations.

(c)

Height.

The maximum height of buildings shall not exceed 35 feet unless otherwise approved by the Cormnittee.

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I

16 E-2 (d)

Location of Buildings and Yard Requirements.

All buildings shall be located on the site to perm.it a minimum front yard of 25 feet, minimum side yards of 15 feet and a minimum rear yard of 25 feet, provided however, that the Director in his discretion may permit accessory buildings or structures to be located within the side or rear yards.

•. '·"".(A

·~ p .::';.~

-

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17-1 Section 17.

AP - PUBLIC PARKS DT3TJICT

SEC. 17

"Public Park" means an area of public land specifically defined or set aside for use by and for the general public in both active or passive recreational uses; and includes all landscaping, facilities, and apparatus, playing fields, utilities, buildings and other structures that are consistent with the general pirposes of public ~rk­ land, and whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements with the public authority owning the park and may include public and private cemeteries.

( l)

Uses Subject tc all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as an AP-Pub~ic Parks District, only the uses consistent with tlie definition of a Public Park are. permitted, and only the fo11-cwing signs, namely: Permitted Signs, if the following limitations are observed: (a)

( 2)

Directional and identification and other suitable signs which may be illuminated but not flashing, consistent with the uses and purposes of a Public Park and not exceeding 35 sq .~.are feet in background area and i f the framework and design of the sign are considered by the Director to be suitable for the location. When individual letters are used the maximum permissible area shall be at the discretion of the Director.

The Following Regulations Apply to Every Development in All AP-Public Parks Districts (a)

Height The maximum height of buildings shall not exceed 35 feet, unless otherwise approved by the Committee.

(b)

Front Yard The who but nor lot

( c)

front yard shall be at the discretion of the Director, shall have due regard to the amenities of the district, in no case shall he permit a set-back less than 25 feet require a set-back exceeding 30. per cent of the mean depth.

Side Yard A side yard shall be provided on each side of the development of not less than 15 feet.

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17-2

(d)

(3)

Rear Yard:

SEC. 17 A rear yard shall be provided, the minimum depth of which shall be not less than 25 feet.

Uses Which May Be Permitted Subject to the Special Approval of the Zoning Committee. (i)

(ii)

(iii)

Notwithstanding the provisions of subsection (1) of this section, permits may be issued for the following uses subject to such use being first approved by the Committee.

If a permit is granted the development shall be undertaken in compliance with all provisions of this Bylaw and such further conditions (including limitations on the period and the time of use) that the Committee may impose when deemed consistent with the Park character of the district.

Unless otherwise determined by Council, land used or intended for recreation shall be municipally operated or, where privately operated shall be licensed anually in the discretion of Council, and shall be available to all members of the public at such times, on such conditions and subject to such fees or charges,. if any, as may be approved by the City Commissioners from time to ti.me.

i

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(iv)

Uses: (A) (B) (c) (D)

(E) (F) (G) (H) (I) (J) (K)

(1)

(M)

I I I I

(N) (0) (P)

(Q)

Archery Ranges Bandshells Carnivals or Fairs sponsored by a non-profit community organization for periods not in excess of 7 days.

Cemeteries, Crematoria and Mausoleums Community League Buildings Directional and Identification and other suitable signs exceeding 35 square feet in background area.

Indoor Rifle or Pistol Ranges Major Public Athletic Stadia Planeteria Publicly operated Camp Sites Restaurants and Refreshment Booths Riding Stables and Trails Roller and Ice Hockey Rinks and Municipally operated Curling Rinks Swimming and Wading Pools Zoological Gardens and Aquaria Any other uses listed in the A-Parkway and Public Uses District which are or may be permitted on City lands and only if consistent with the general purposes of this district.

Buildings or uses accessory to the above uses.

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~·);

. A ; !

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18-1 Section 18.

RRA - RESTRICTED RESIDENTIAL DISTRICT.

SEC. 18

USES PERMITTED AND REGULATIONS. (1)

(2)

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as an RRA Restricted Residential District, permits will be issued only for the following uses: (a)

One-family dwellings.

(b)

Public Parks.

(c)

Buildings and uses accessory to the above uses.

(d)

Permitted Signs, if the following limitations are observed:

(i)

Not more than one non-illuminated real estate sign advertising the sale or rental of the site or premises on which it is maintained and having an area of not more than 10 square feet, and

(ii)

on any site not more than one trespassing, safety or identification sign not exceeding 2 square feet.

The Following Regulations Apply to Every Development in All RRA - Restricted Residential Districts. (a)

Height.

The maximum height of buildings shall not exceed 35 feet nor 2-t storeys.

(b)

Floor Area. (i)

In the case of one-storey dwellings, the minimum ground floor area of the building, exclusive of any attached garage, shall be not less than 1,200 square feet.

(ii)

In the case of it-storey dwellings, the minimum ground floor area of the building, exclusive of any attached garage, shall be not less than 960 square feet and the combined ground and second floor area shall be not less than 1,400 square feet.

(iii)

In the case of 2-storey dwellings, the minimum ground floor area of the building, exclusive of any garage which may be attached, shall be not less than 800 square feet and the combined ground and second floor area shall be not less than 1,400 square feet.

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18-2 SEC. 18

(iv)

(c)

Front Yard.

The who but nor

(d)

(e)

In the case of split-level dwellings, the main floor or combination of floors as determined by the Director, shall be not less than 960 square feet, exclusive of any garage which may be attached.

front yard shall be at the discretion of the Director, shall have due regard to the amenities of the district, in no case shall he permit a set-back less than 25 feet require a set-back exceeding 45 feet.

Side Yard.

(i.)

A side yard shall be provided on each side of the building of not less than 20 per cent of the width of the site, provided that the maximum width of such side yard need not exceed 15 feet.

(ii)

In the case of a corner site where a side yard adjoins a flanking street, the side yard shall be not less than 15 feet.

(iii)

In the case of a site where a lane flanks the side of such site, the m~nimum side yard on the lane side shall be 15 per cent of the width of the side, provided the maximum width of such side yard need not exceed 10 feet.

(iv) /

In the case utility lot throughout, utility lot

(v)

In the case where a dwelling flanks a registered utility lot of less than 20 feet in width throughout, a minimum side yard of 20 per cent shall be required measured from the centre line of such registered utility lot to the side of the building, provided that the maximum width, so measured, need not exceed 15 feet.

where a dwelling flanks a registered of not less than 20 feet in width the minimum side yard abutting the shall be 5 feet.

Rear Yard.

A rear yard shall be provided of not less than 25 feet, provided that

(i)

in the case of a corner site, the yard next to a lane at the rear of the site need not exceed 15 feet, and

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I

18-3

SEC. 18 (

.. )

'l.l.

(f)

in the case of sites with no lane access and bordering ravines or the river bank, the minimum rear yard shall be 25 feet and for this purpose the front yard is defined as the yard fronting a street. Accessory buildings or structures exceeding 6 feet in height in such minimum rear yards shall require the prior approval of the Committee.

Site Coverage.

The maximum area of land which may be built upon shall be 30 per cent of the site area.

(3)

Uses Which May be Pennitted Subject to the Special Approval of the Committee.

Notwithstanding the provisions of Subsection (1) of this section permits may be issued for the following uses, subject to such uses first being approved by the Committee. If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose.

Uses. (a)

Dwelling units with more than four foster children in each unit.

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19-1 Section 19.

RRB - RESTRICTED RESIDENTIAL DISTRICT.

SEC. 19

USES PERMITTED AND REGULATIONS. (1)

Uses.

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as an RRB - Restricted Residential District, permits will be issued only for the following uses:

(2)

(a)

One-family dwellings.

( b)

Public parks.

(c)

Buildings and uses accessory to the above uses.

(d)

Permitted signs, if the following limitations are observed: (i)

Not more than one non-illuminated real estate sign advertising the sale or rental of the site or premises on which it is maintained and having an area of not more than 10 square feet, and

(ii)

on any site, not mor.e than one trespassing, safety or identification sign which may be illuminated but not flashing and not exceeding 2 square feet, and

(iii)

on any site used for permitted non-residential buildings or structures, not more than one identification sign which may be illuminated but not flashing and not exceeding 15 square feet in background area, and i f the framework and design of the sign are considered by the Director to be suitable for the location. When individual letters are used, the maximum permissible area shall be at the discretion of the Director.

The Following Regulations Apply to Every Development in All RRB - Restricted Residential Districts.

(a)

Height.

The maximum height of buildings shall not exceed 35 feet nor 2-t storeys.

(b)

Floor Area.

(i)

In the case of one-storey dwellings, the minimum ground floor area of the building, exclusive of

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19-2 SEC. 19 any attached garage, shall be not less than 1,200 square feet.

(c)

(ii)

In the case of it-storey dwellings, the minimum ground floor area of the building, exclusive of any attached garage, shall be not less than 960 square feet and the combined ground and second floor area shall be not less than 1400 square feet.

(iii)

In the case of 2 storey dwellings, the lfil.IllIIlum ground floor area of the building, exclusive of any garage which may be attached, shall be not less than 800 square feet and the combined ground and second floor area shall be not less than 1,400 square feet.

(iv)

In the case of split level dwellings, the main floor or combination of floors as determined by the Director, shall be not less than 960 square feet, exclusive of any garage which may be attached.

Front Yard.

The who but nor

(d)

front yard shall be at the discretion of the Director, shall have due regard to the amenities of the district, in no case shall he permit a set-back less than 25 feet require a set-back exceeding 45 feet.

Side Yard. (i)

A side yard shall be provided on each side of the building of not less than 15 per cent of the width of the site, provided that the maximum width of such side yard need not exceed 15 feet.

(ii)

Where, in the opinion of the Director, a site is part of a horse-shoe shaped area, the side yard shall be not less than 10 per cent on each side.

(iii)

In the case of a corner site where a side yard adjoins a flanking street, the side yard shall be not less than 15 feet.

(iv)

In the case of a site where a lane flanks the side of such site, the minimum side yard on the lane side shall be lo% of the width of the site provided the maximum width of such side yard need not exceed 10 feet.

I I I I

19-3 SEC. 19

(v)

(vi)

I (e)

Rear Yard.

(i)

I I

in the case of a corner site, the yard next to the lane at the rear of the site need not exceed 15 feet; and

(ii) in the case of sites with no lane access and bordering ravines or the river bank, the minimum rear yard shall be 25 feet, and for this purpose the front yard is defined as the yard fronting a street or avenue. Ac.cessory buildings or structures exceeding 6 feet in height in such minimum rear . yards shall require the prior approval of the Committeâ&#x20AC;˘

(f)

I

In the case where a dwelling flanks a registered utility lot of less than 20 feet in width throughout, a minimum side yard of 15 per cent shall be required measured from the centre line of such registered utility lot to the side of the building provided that the max:iJp.um width so measured need not exceed 15 feet.

A rear yard shall be provided of not less than 25 feet, provided that:

,I

I I I I I

In the case where a dwelling flanks a registered utility lot of not less th.an 20 feet in width throughout, the minimum side yard, abutting the utility lot, shall be 5 feet.

Site Coverage.

The maximum area of land which may be built upon shall be 30 per cent of the site area.

(3)

Uses Which may be Permitted Subject to Special Approval of the Zoning Committee Notwithstanding the provisions of Subsection (1) of this Section, ¡permits may be issued for the following uses, subject to such use first being approved by the Committee. If a permit is granted, the development shall be undertaken in compliance with all prov:i,sions of this Bylaw and such further conditions that the Committee may impose: (a)

Directional Signs.

(b)

Dwelling units with more than four foster children in each dwelling unit.

(c)

Fire Stations.

I I I !I I I I

I I I I I I I I I

19-4 SEC. 19 (d)

Police Stations.

( e)

Public and quasi-public building:3.

(f)

Public utility buildings and installations.

(g)

Schools (public or private), Kindergartens, Day-care Schools.

(h)

Buildings or uses accessory to the above uses.

I 20-1 Section 20.

RRC - RESTRICTED RESIDENTIAL DISTRICT. USES PERMITTED AND REGULATIONS:

(1)

I I I

Uses.

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as an RRC Restricted Residential District, permits will be issued only for the following u:3es:

'I

(a)

One-family dwellings.

(b)

Public parks.

(c)

Buildings and uses accessory to the above uses.

(d)

Permitted signs, if the following limitations are observed:

:, I I I I I I I

(2)

(i)

Not more than one non-illuminated real estate sign, advertising the sale or rental of the site or premises on which it is maintained and having an area of not more than 10 square feet, and

(ii)

on any site, not more than one trespassing, safety or identification sign which may be illuminated but not flashing and not exceeding 2 square feet; and

(iii)

on any site used for permitted non-residential buildings or structures, not more than one identification sign ~hich may be illuminated but not flashing and not exceeding 15 square feet in background area, and if the framework and design of the sign are considered by the Director to be suitable for the location. When individual letters are used., the maxi.mum permissi ble area shall be at the discretion of the Director.

The Following Regulations Apply to Every Development in All RRC - Restricted Residential Districts. (a)

I I I I

Height.

The maximum height of buildings shall not exceed 35 feet nor 2-;- storeys.

(b)

Floor Area. (i)

In the case of one-storey dwellings, the mini.mum

SEC. 20

I I I I I I I I I I I I I I I I I I I

20-2 SEC. 20 ground floor area of the building, exclusive of any attached garage, shall be not less than 1,200 square feet.

(c)

(ii)

In the case of it-storey dwellings, the minimum ground floor area of the building, exclusive of any attached garage, shall be not less than 960 square feet and the combined ground and second floor area shall be not less than 1,400 square feet.

(iii)

In the case of 2-storey dwellings, the minimum ground floor area of the building, exclusive of any garage which may be attached, shall be not less than 800 square feet and the combined ground and second floor arEa shall be not less than 1,400 square feet.

(iv)

In the case of split-level dwellings, the main floor or combination of floors as determined by the Director, shall be not less than 960 square feet, exclusive of any garage which may be attached.

Front Yard.

The front yard shall be at the diBcretion of the Director, who shall have due regard to the amenities of the district, but in no case shall he permit a :3etback less than 25 feet nor require a setback exceeding 45 feet.

(d)

Side Yard. (i)

A side yard shall be provided on each side of the building of not less than 15 per cent of the width of the site, provided tlEt the maximum width of such side yard need not exceed 15 feet.

(ii)

Notwithstanding the provisions of paragraph (i), when a garage or car port is attached to the side of the dwelling, the side yard on this side shall be not less than 12t per cent of the site width.

(iii)

Where a lane flanks the si.te, the 15 per cent and i2t per cent requirements under paragraphs (i) and (ii) may be reduced to not less than 10 per cent on the lane side, but the 15 per cent and 12t per cent requirements shall be retained on the other side, provided, however, that on the lane side the side yard nned not exceed 10 feet.

I 20-3 SEC. 20

I I I I I I I (e)

(iv)

Where, in the opinion of the Director, a site is part of a horse-shoe shaped area, the side yard shall be not less than 10 per cent on each side.

(v)

In the case of a site where a lane flanks the side of such site, the minimum side yard on the land side shall be 10 per cent of the width of the site provided the maximum width of such side yard need not exceed 10 feet.

(vi)

In the case where a dwelling flanks a registered utility lot of not less than 20 feet in width throughout, the minimum side yard abutting the utility lot shall be 5 feet.

(vii)

In the case where a dwelling flanks a registered utility lot of less than 20 feet in width throughout, a minimum side yard of 15 per cent shall be required, measured from the centre line of such registered utility lot to the side of the building, provided that the maximum width so measured neeci not .exceed 15 feet.

Rear Yard.

A rear yard shall be provided of not less than 25 feet, provided that

(i)

I (ii)

I (f)

I I I I

in the case of a corner site, the yard next to the lane at the rear of the site need not exceed 15 feet. in the case of sites with no lane access and bordering ravines or the river bank, the minimum rear yard shall be 25 feet, and for this purpose the front yard is defined as the yard fronting a street or avenue. Accessory buildings or structures exceeding 6 feet in height in such minimum rear yards shall require the pr~or approval of the Committee.

Site Coverage.

The maximum area of land which may be built upon shall be 30 per cent of the site area.

(3)

Uses Which may be Permitted Subject to Special Approval by the Zoning Committee.

Notwithstanding the provisions of Subsection (1) of this Section,

I I I I I I I I I I I I I I I I I I I

20-4

SEC. 20 pe:C'IJ'li ts may be issued for the following uses, subject to such uses first being approved by the Committee. If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose: (a)

Directional Signs.

(b)

Dwelling units with more than four foster children in each dwelling unit.

(c)

Fire stations.

(d)

Police stations.

(e)

Public and quasi-public buildings.

(f)

Public Utility Buildings and ¡rmitallations.

(g)

Schools (public or private), Kindergartens, Day-care schools.

(h)

Buildings or uses accessory to the above.

R 1

I

•I I I I I I I I I I I I I I I I ··1

I

I

21-1 Section 21.

R-1 RESIDENTIAL DISTRICT

USES PERMITTED AND REGULATIONS: (1)

Uses.

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as an R-1 Residential District, permits will be issued only for the following uses: (a)

One-family dwellings.

(b)

Public pa~ks.

(c)

Buildings and uses accessory to the above uses.

(a)

Permitted signs, if the following limitations are observed: (i)

Not more than one non-illuminated real estate sign advertising the sale or rental of the site or premises on which it is maintained and having an area of not more than 10 square feet; and

(ii)

on any site not more than one trespassing, safety or identification sign which may be illuminated but not flashing and not exceeding 2 square feet; and

(iii)

on any site used for permitted nonresidential buildings or structures, not more than one identification sign which may be illuminated but not flashing and not exceeding 15 square feet in background area, and if the framework and design of the sign are considered by the Director to be suitable for the location. When individual letters are used, the maximum permissible area shall be at the discretion of the Director.

SEC. 21

â&#x20AC;˘I

I I I I I ii I I

21-2 SEC. 21

(2)

The Following Regulations Apply to Every Development in All R-1 Residential Districts. (a)

The maximum net density shall be 9 dwelling units per acre. (b)

Height.

The height of a building shall not exceed 35 feet nor 2-t storeys.

(c)

Front Yard.

The front yard shall be at the discretion of the Director, who shall have due regard to the amenities of the district, but in no case shall he permit a setback less than 20 feet, nor require a set-back exceeding 30 per cent of the mean lot depth.

(d)

Side Yard.

A side yard shall be provided on each side of the building of not less than 10 per cent of the width of the site, or of 7 feet, whichever is the lesser, except in the following circumstances:

'I

I I ii I I I I I

Density.

(i)

In the case of a building exceeding 25 feet in height, the side yard shall be not less than 7 feet;

(ii)

In the case of a corner site

(iii)

(e)

(A)

where a building fronts on the street, the side yard abutting the flanking street shall be not less than 20 per cent of the lot width, but need not exceed 15 feet; and

(B)

where a building fronts on the flanking street, the side yard abutting the flanking street shall be not less than 15 feet.

Where the side yard abuts a utility lot not less than 20 feet in width, the side yard abutting the utility lot shall be not less than 3 feet.

Rear Yard.

A rear yard shall be provided, the minimum depth of which

21-3 SEC. 21

I I I I I I I I I I I I I I I I I

shall be not less than 25 feet, provided that in the case of a corner site the yard next to the lane at the rear of the site need not exceed 15 feet.

(f)

Site Area.

Each lot to be used for a one-family dwelling shall have an area of not less than 5,000 square feet.

(g)

Site Coverage.

The maximum area of each site which may be built on shall be 30 per cent of the site area.

(3)

Uses Which may be permitted Subject to Special Approval of the Zoning Committee.

Notwithstanding the provisions of Subsection (1) of this section, permits may be issued for the following uses, sub,ject to such uses first being approved by the Committee.

If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose: (a)

Directional signs.

(b)

Fire stations.

(c)

Homes for the aged or children, and including dwelling units with more than four foster children in each dwelling unit.

(d)

Homecrafts.

(e)

Hospitals or sanatoria, excluding a mental hospital or hospital for the treatment of animals, or institutions for the treatment of alcoholics or drug addicts.

(f)

Parking areas ancillary to a principal use on an abutting site or one not separated therefrom by a street, lane or utility lot more than 33 feet wide.

(g)

Police stations.

(h)

Public and quasi-public buildings.

(i)

Public utility buildings and installations.

(j)

Schools (public or private), kindergartens, day-care schools, creches or day nurseries.

21-4 SEC. 21

I I I I I I I I I I I I I I I I

(k)

Semi-detached one-family dwellings.

(1)

The office of a professional or busines~ person provided that

(i)

the office is situated in the dwelling unit used by the person as his private residence; and

(ii)

the person conducts the profession or business in the dwelling unit; and

(iii)

the use will not generate parking problems within the district; and

(iv)

the number of employees does not exceed one; and

(v)

there shall be no exterior display or advertisement other than a permitted sign.

(m)

Two-family dwellings, where the side lot line of a lot within an R-1 District abuts upon a lot in any R-2 A, R-3, C-1, C-2, M-1, M-2 or M-3 district and is not separated therefrom by a street, +ane or utility lot more than 33 feet wide, but such transitional use shall not in any R-1 District extend more than 100 feet from the boundary of the less restrictive area which it adjoins.

(n)

Buildings or uses accessory to the above uses.

l

I

I I I I I I I I I I I I I I I I

I I

21 A-1.

SECTION 21-A.

,(1)

RC-1 RESIDENTIAL CONVERSION DISTRICT

SEC .21-A. ¡

UBes. Subject to all other provisions of this Bylaw except as otherwise provided, on any site, in any district defined, designated or described in this Bylaw as an RC-1 Residential Conversion District, permits will be issued only for the following uses: (a)

One-family dwellings.

(°b)

The conversion of any dwelling that is completed and occupied as such, at the operative date of this amendment, to permit the following additional uses and subject to the limitations and exceptions imposed:

AREA IF SITE. (in square feet)

PER%ITI'ED ACCOMMODATION (in excess of the accommodation defined in Section 2, Subsection (35) ).

(i)

Up to 3300.

Nil.

(ii)

3300 to less than 4000 and subject to a minimum mean frontage of 33 feet.

1 sleeping unit for a boarder or lodger or 1 suite comprising not more than 1 habitable room.

(iii) 4000 to less than 5000.

1 sleeping unit for a boarder or lodger or 1 suite comprising not more than 2 habitable rooms.

(iv)

5000 to less than 7000.

Sleeping units for not more than 2 boarders or lodgers or 1 suite comprising not more than 3 habitable rooms.

(v)

7000 and over, subject to a minimum mean :frontage of 50 feet, or a corner site with a minimum mean frontage of 44 feet.

Sleeping units for not more than 2 boarders or lodgers, or 1 suite with more than 3 habi.tablerooms.

For the purposes of this Section, the following definitions shall apply: "Habitable Room" means a room for human habitation but does not include kitchenettes, or c:~osets, bathrooms or hall space and similar incidential space.

"Suite" means a room or set or rooms for living accommodation for a family as a single housekeeping unit, but relative to which toilet facilities may be shared.

I I I I I I I I I I I I I I I I I I

I

21 A-.2.

"Sleeping Unit" mea.ns accommodation f'or a boarder or lodger primarily f'or sleeping purposes a.nd which does not include cooking facilities.

Limitations and Exceptions: (A)

A person applying for a permit to convert a dwelling shall provide information in addition to that required under Section (5) of' the Bylaw to the satisfaction of the Director, in order that he may properly determine compliance with the schedule of permitted accommodation.

(B)

When any ~onversion taken place in accordance with the accommodation schedule a usable parking space or garage space shall be provided in addition to that required for a one-family dwelling, and shall be located on the same site as the building.

(c)

Extensions or additions to an existing principal building (otherthan a structure housing a required exit) shall not be permitted where the site coverage already exceeds 30 per cent or the principal building infringes upon the yard requirements of this Section.

(D)

A detached garage or an extension to an existing garage which may be proposed in accordance with paragraph (B) of this sub-section (l)(b) shall be permitted only if the site coverage of the principal building and accessory buildings existing and as proposed by the applicant does not exceed a total site coverage of 40 per cent.

(E)

Permission to undertake a conversion under this Section does not in any way relieve a person from full compliance with any other City Bylaw or Regulation governing the fitness and safety of the accommodation f'or human habitation.

(F)

A dwelling which was converted prior to the passing of this amendment and without the required planning permissions and not deemed a non-conforming use may be permitted to cotltinue if full compliance with the requirements of the Section are met, or may be issued a permit limited in time at the discretion of the Director to ensure compliance, provided that such time shall not exceed one year.

(c)

Public Parks.

(d)

Buildings and uses accessory to the above uses.

i

!

I I I I I I I I I I I I I I I I I I I

21 A- 3

(2)

(e)

Permitted signs (in accordance with the provisions of Section 21 (l)(d).

(f)

Permitted transitional uses, where the side lot line of a lot within an RC-1 Residential Conversion District abuts upon a site in any Commercial or Industrial District, or is not separated therefrom by a street, lane or utility lot more than 33 feet wide, and extending not more than 100 feet from the boundary of the less restrictive area which it adjoins, the following transitional uses are permitted: (i)

Kindergartens.

(ii)

Day-care Schools.

(iii)

Creches or day nurseries.

(iv)

Parking areas.

(v)

Public and Quasi-public Buildings.

(vi)

Two-family Dwellings.

(vii)

Semi-detached One-family dwellings.

The Following Regulations Apply to Every Development in All RC-1 Residential Conversion Districts. (a)

Height.

The height of a building shall not exceed 35 feet nor 2~ storeys.

(b)

Front Yard.

The front yard shall be at the discretion of the Director provided that he shall not permit a setback less than 20 feet, unless qtherwise approved by the Zoning Committee or require a setback greater than 30 per cent of the mean lot depth.

(c)

Side Yard.

A side yard shall be provided on each side of the building of not less than 10 per cent of the width of the site, or of 7 feet, whichever is the lesser, except in the following circumstances: (i)

in the case of a building exceeding 25 feet in height; the side yard shall be not less than 7 feet;

I I I I I I I I I I I I I I I I I I I

21 (ii)

(iii)

(d)

A-4.

in the case of a corner site: (A)

where the building fronts on the street, the yard abutting the¡ flf:l,nking street. shall not be less than 20 per cent of the lot width, but need not exceed 15 feet; and

(B)

where the building fronts on the flanking street, the sideyard abutting the flanking street shall be not less than 15 feet;

where the side yard abuts a utility lot not less than 20 feet in width, the side yard abutting the utility lot shall be not less than 3 feet.

Rear Yard.

A rear yard shall be provided, the minimum depth of which shall be not less than 25 feet, provided that in the case of' a corner site the yard next to the lane at the rear of the site need not exceed 15 feet.

(e)

Site

Coverage.

Except as provided for under the limitations and exceptions of Sub-section (l)(b) of this Section, the maximum area of each site which may be built upon shall be 30 per cent.

(3)

Uses Which May be Permitted Subject to Special Approval of the Zoning Committee.

Notwithstanding the provisions of Sub-section (1) of this Section, permits may be issued for the following uses, subject to such uses first being approved by the Committee.

The Committee in considering such uses shall pay due regard to the general purpose of this district, namely;- to encourage the orderly transition, renewal or redevelopment of older low density residential areas to good standards. If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose: (a)

Directional Signs.

(b)

Fire Stations.

(c)

Homes for the aged or children, and including dwelling units with more than four foster children in each dwelling unit.

(d)

Homecrafts.

I I I I I I I I I I I I I I I I I I I

(new)

21 A-5

(e)

Hospitals or sanatoria, excluding a mental hospital or hospital for the treatment of animals, or institutions for the treatment of alcoholics or drug addicts.

(f)

Parking areas ancillary to a principal use on an abutting site or one not separated therefrom by a street, lane or utility lot more than 33 feet wide.

(g)

Police Stations.

(h)

Public and Quasi-public Buildings.

(i)

Public Utility buildings and installations.

(j)

Schools (public or private), kindergartens, day-care schools, creches or day nurseries.

(k)

Semi-detached, one-family dwellings.

(1)

Purpose designed two-family dwellings provided that:

(m)

(i)

the site area is not less than 7000 square feet, and

(ii)

the site has a mean frontage of not less than 50 feet.

Purpose designed apartment buildings containing not more than 4 dwelling units provided that; (i)

the site area is not less than 8,600 square feet;

(ii)

the site has a minimum mean width of 66 feet;

(iii) the site coverage, including accessory buildings, does not exceed 30%;

(n)

(iv)

one parking or garage space is provided for each dwelling unit on the same site; and

(v)

the Committee is satisfi~ that the building does not adversely affect the amenities of the district by reason of appearance, 4eight or location.

The office of a professional or business person provided that: (i)

the office is situated in the dwelling unit used by the person as his private residence; and

(ii)

the person conducts the profession or business in the dwelling unit; and

,I :;

I

I I I I I I

:I

:I

ii

:I

I II I I

ii I I

(new)

21

A-6

(iii) the use will not generate parking problems within the district; and (iv)

the number of employees does not exceed one; and

{v)

there shall be no exterior display or advertisement other than a permitted sign.

(o) Greenhouses and Plant Nurseries. (p) Buildings and Uses accessory to the above uses.

I I I I I I I I I I I I I I I I I

I I

22-1 Section 22.

].-2 RESIDENTIAL DISTRICT. USES PERMITTED AND REGULATIONS. (1)

Uses.

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as an R-2 Residential District, permits will be issued only for the following uses: (a)

One-family dwellings subject to the regulations governing R-1 Residential Districts.

(b)

Two-family dwellings.

(c)

Semi-detached one-family dwellings.

(d)

Public parks.

(e)

Permitted Transitional Uses: Where the side lot line of a lot within an R-2 District abuts upon a lot in any C-1, C-2, M-1, M-2 or M-3 District or is not separated therefrom by a street, lane or utility lot more than 33 feet wide and extending not more than 100 feet from the boundary of the less restrictive area which it adjoings, the following transitional uses are permitted: (i)

Kindergartens.

(ii)

Day-care Schools.

(iii)

Creches or day nurseries.

(iv)

Parking areas.

(v)

Public and Quasi-public buildings.

(f)

Buildings and uses accessory to the above uses.

(g)

Permitted signs, if the following limitations are observed: (i)

Not more than one non-illuminated real estate sign advertising the sale or rental of the site or premises on which it is maintained and having an area of not more than 10 square feet, and

(ii)

on any site not more than one trespassing, safety or identification sign which may be illuminated

SEC. 22

I I I I I I I I

22-2

SEC. 22 but not flashing and not exceeding 2 square feet, and (iii)

(2)

The Following Regulations Apply to Every Development in All R-2 Residential Districts. (a)

I I I I I I I I I I I

on any site used for permitted non-residential buildings or structures, not more than one identification sign which may be illuminated but not flashing and not exceeding 15 square feet in background area, and if the framework and design of the sign are considered by the Director to be suitable for the location~ When individual letters are used, the maximum permissible area shall be at the discretion of the Director.

Density.

The maximum net density shall be 14 dwelling units per acre.

(b)

Height.

The maximum height of buildings shall not exceed 35 feet nor 2t storeys.

(c)

Front Yard.

The front yard shall be at the discretion of the Director, who shall have due regard to the amenities of the district, but in no case shall he permit a setback less than 20 feet, nor require a set-back exceeding 30 per cent of the mean lot depth.

(d)

Side Yard.

A side yard shall be provided on each side of the building of not less than 10 per cent of the width of the site, or of 7 feet, whichever is the lesser, except in the following circumstances:

(i)

In the case of a building exceeding 25 feet in height the side yard shall be not less than 7 feet;

(ii)

In the case of a corner site

(A)

where a building fronts on the street, the

I CITY OF EDMONTON ZONING BYLAW NO. 2135 - AMENDMENTS. Re:

Section 22, Sub-section (1).

Section 22, sub-section (1) is amended by adding therein the

following:

I

"(h)

Homecrafts."

Bylaw No. 2337, Passed November 26th, 1962.

I I I I I I I

I I I

I

Re:

Section 22, Sub-section

(3).

Section 22, sub-section (3) is amended by deleting therein the following: "(d)

Homecrafts."

Bylaw No. 2337, Passed November 26th, 1962.

I I I I I

I I I I I I I I I I I I I I

CITY OF EDMONTON ZONING BYLAW NOo 2135 - AMENDMENTS RE:

Section 22, Subsection (3).

Section 22, Subsection (3) is amended by deleting paragraph (a) and substituting the following: "{a)

Directional signs, more than one identification sign, and identification signs which exceed 10 square feet in the case of permitted residential uses and 15 square feet in the case of permitted non-residential uses."

Bylaw No. 2394 Passed May 13th, 1963.

I I I I I I I I I I I I I I I I I I I

22-3

SEC. 22 side yard abutting the flanking street shall be not less than 20 per cent of the lot width, but need not exceed 15 feet; and

(B)

(iii)

(e)

Where the side yard abuts a utility lot not less that 20 feet in width, the side yard abutting the utility lot shall be not less than 3 feet.

Rear Yard.

A rear yard which shall the case of the rear of

(f)

where a building fronts on the flanking street, the side yard abutting the flanking street shall be not less than 15 feet.

shall be provided, the minimum depth of be not less than 25 feet, provided that in a corner site the yard next to the lane at the site need not exceed 15 feet.

Site Area.

Each lot to be used for a two-family dwelling shall have and area of not less than 3,500 square feet for each dwelling unit.

(g)

Site Coverage.

The maximum area of land which may be built upon shall be 30 per cent of the site area.

(3)

Uses Which may be Permitted Subject to Special Approval of the Zoning Committee.

Notwithstanding the provisions of Subsection (1) of this Section, permits may be issued for the following uses, subject to such uses first.being approved by the Committee.

If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose: (a)

Directional Signs.

(b)

Fire Stations.

(c)

Homes for the aged or children, and including dwelling units with more than four foster children in each dwelling unit.

I I

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22-4

SEC. 22 (e)

Hospitals and sanatoria, excluding mental hospitals or hospitals for the treatment of animals, or institutions for the treatment of alcoholics or drug addicts.

(f)

Parking area ancillary to a principal use on an abutting site or one not separated therefrom by a street, lane or utility lot more than 33 feet wide.

(g)

Police stations.

(h)

Public and quasi-public buildings.

(i)

Public utility buildings and installations.

(j)

Schools (public or private), kindergartens, day-care schools, creches or day nurseries.

(k)

Terraced dwellings.

(1)

The office of a professional or business person provided that:

I

I I I I I I I I I

(m)

(i)

the office is situated in the dwelling unit used by the person as his private residence; and

(ii)

the person conducts the profession or business in the dwelling unit; and

(iii)

the use will not generate parking problems within the district; and

(iv)

the number of employees does not exceed one; and

(v)

there shall be no exterior display or advertisement other than a permitted sign.

Buildings and uses accessory to the above uses.

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23-1

Section 23

R-2A RESIDENTIAL DISTRICT USES PERMITTED AND REGULATIONS. (1)

Uses.

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or desribed in this Bylaw as an R-2A Residential District, permits will be issued only for the following uses: (a)

One-family dwellings subject to the regulations governing R-1 Residential Districts.

(b)

Two-family dwellings subject to the regulations governing R-2 Residential Districts.

(c)

Semi-detached one-family dwellings subject to the provisions of Section 13 (5).

(d)

Terraced Dwellings subject to the provisions of Section 13 (5).

(e)

Public Parks.

(f)

Permitted Transitional Uses.

Where the side lot line of a lot within an R-2A District abuts upon a lot in any C-1, C-2, M-1, M-2 or M-3 District or is not separated therefrom by a street, lane or utility lot more than 33 feet wide and extending not more than 100 feet from the boundary of the less restrictive area which it adjoins, the following transitional uses are permitted:

I I I ~

I

I I I

~

(i)

Kindergartens.

(ii)

Day-care schools.

(iii)

Creches or day nurseries.

(iv)

Parking areas.

(v)

Public and Quasi-public buildings.

(g)

Buildings and uses accessory to the above uses.

(h)

Permitted signs, if the following limitations are observed: (i)

Not more than one non-illuminated real estate sign advertising the sale or rental of the site or pre-

SEC. 23

I I I

CITY OF EDMONTON ZONING BYLAW NO. 2135 - .AMENDMENTS. Re:

Section 23, Sub-section (1).

Section 23, Sub-section (1) is amended by adding on Page 23-3 after sub-section (h) the following: "(i)

Homecrafts."

Bylaw No. 2337, Passed November 26th, 1962.

I Re:

I I I

I I ,I

I

Section 23, Sub-section (3).

Section 23, Sub-section (3) is amended by deleting therein the

following: "(d)

Homecrafts."

Bylaw No. 2337, Passed November 26th, 1962.

I I I I I I I I I I I I I I I I I I I

23-2

SEC. 23 mises on which it is maintained and having an area of not more than 10 square feet; and

,2)

(ii)

on any site not more than one trespassing, safety or identification sign which may be illuminated but not flashing and not exceeding 2 square feet; and

(iii)

on any site used for permitted non-residential bui1dings or structures not more than one identification sign which may be illuminated but not flashing and not exceeding 15 square feet in background area, and if the framework and design of the sign are considered by the Director to be suitable for the location. When individual letters are used, the maximum permissible area shall be at the discretion of the Director.

Subject to the Requirements of Subsection (1) hereof the Following Regulations Apply to Every Development in all R-2 A Residential Districts. (a)

Height.

The maximum height of a building shall not exceed 35 feet nor storeys.

2t

(b) .Front Yard.

The front yard shall be at the discretion of the Director, who shall have due regard to the amenities of. the district, but in no case shall he permit a set-back less than 20 feet, nor require a set-back exceeding 30 per cent of the mean lot depth. (c)

Side Yard.

A side yard shall be provided on each side of the building of not less than 10 per cent of the width of the site or 7 feet, whichever is the lesser, except in the following circumstances: (i)

in the case of a building exceeding 25 feet in height the side yard shall be not less than 7 feet.

(ii)

in the case of a corner site: (A)

where a building fronts on the street, the side yard abutting the flanking street shall

CITY OF EDMONTON ZONING BYLAW NO. 2135 - AMENDMENTS

RE:

Section 23 1 Subsection (3).

Section 23,, Subsection (3) is amended by deleting pa:mgraph (a) and substituting the followin~;

;I 'I i

"(a)

Directional signs, more than one identification sign, and identification signs which exceed 10 square feet in the case of permitted residential uses and 15 square feet in the case of permitted non-residential uses."

!

!I !I 'I

.I .I :I ~I

I

11 I

Bylaw No. 2394 Passed May 13th, 1963.

I I I I I I I I I

23-3 SEC. 23 be not less than 20 per cent of the lot width, but need not exceed 15 feet; and (B)

(iii)

(d)

where a building fronts on the flanking street the side yard abutting the flanking street shall be not less than 15 feet;

where the side yard abuts a utility lot not less than 20 feet in width the side yard abutting the utility lot shall be no less than 3 feet.

Rear Yard.

A rear yard shall be provided, the minimum depth of which shall be not less than 25 feet.

(e)

Site Coverage.

The maximum area of land which may be built upon shall be 30 per cent of the site area.

.3)

Uses Which may be Permitted Subject to Special Approval of The Zoning Committee.

I I I I I I I I I

Notwithstanding the provisions of Subsection (1) of this Section, permits may be issued for the following uses, subject to such uses first being approved by the Committee.

If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose: (a)

Directional Signs.

(b)

Fire Stations.

(c)

Homes for the aged or children, and ineluding dwelling units with more than four foster children in each dwelling unit.

(e)

Hospitals and sanatoria, excluding mental hospitals or hospitals for the treatment of animals, or institutions for the treatment of alcoholics or drug addicts.

(f)

Parking area ancillary to a principal use on an abutting site or one not separated therefrom by a street, lane or utility lot more than 33 feet wide.

(g)

Police stations.

(h)

Public and quasi-public buildings.

I I I I I I I I I I I I I I I I I I I

23-4 SEC. 23 (i)

Public utility buildings and installations.

(j)

Schools (public or private), Kindergartens, day-care schools, creches or day nurseries.

(k)

The office of a professional or business person provided that:

(e)

(i)

the office is situated in the dwelling unit used by the person as his private residence; and

(ii)

the person conducts the profession or business in the dwelling unit; and

(iii)

the use will not generate parking problems within the district; and

(iv)

the number of employees does not exceed one; and

(v)

there shall be no exterior display or advertisement other than a permitted sign.

Buildings and uses accessory to the above uses.

I I I I I I I I I I I I I I I I I I I

24-1 R-3 - RESIDENTIAL DISTRICT. SEC. 24 USES PREMITTED AND REGULATIONS.

(1)

Uses.

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as an R-3 Residential District, permits will be issued only for the following uses: (a)

Apartment Buildings.

(b)

Public Parks.

(c)

Permitted Transitional Uses: Where the side lot line of a lot within an R-3 District abuts upon a lot in any C-1, C-2, M-1, M-2 or M-3 District or is not separated therefrom by a street, lane or utility lot more than 33 feet wide and extending not more than 100 feet from the boundary of the less restrictive area which it adjoins, the following transitional uses are permitted:

(i)

Kindergartens.

(ii)

Day-care schools.

(iii)

Creche or day nurseries.

(iv)

Homes for the aged or children, and including dwelling units with more than four foster children in each dwelling unit.

(v)

Fraternity or sorority houses.

(vi)

Police stations.

(vii)

Fire stations.

(viii) Nursing homes. (ix)

Parking areas.

(x)

Public and quasi-public buildings.

(xi)

Public utility buildings and installations.

(f)

Buildings and uses accessory to the above uses.

(g)

Permitted signs, if the following limitations are observed:

t

I CITY OF EDMONTON ZONING BYLAW NO. 2135 - AMENDMENTSo Re:

Section 24, Subsection (2).

Section 24, Subsection (2) is a.mended by deleting subsection (a) and by substituting the following:

"(a)

Density The rna;ximum density shall be determined by the ratio of site area to type of dwelling unit as follows: TYPE OF DWELLJJifG UNIT

I I I

I I I

I I

AREA OF SITE PER DWELLING UNIT.

(A)

Two or more bedrooms

1,740 square feet

(B)

One-bedroom

1 1 175 square feet

(c)

Bed-Sitting room

870 square feet. "

Bylaw No. 2289 Passed May 14th, 1962.

I I I I I I I I I I I I I I I I I I

I

24-2

SEC. 24

(2)

(i)

Not more than one non-illuminated real estate sign advertising the sale or rental of the site or premises on which it is maintained and having an area of not more than 10 square feet; and

(ii)

On any site not more than one trespassing, safety or identification sign which may be illuminated but not flashing and not exceeding 2 square feet; and

(iii)

On any site used for permitted non--residential buildings or structures, not more than one identification sign which may be illuminated but not flashing and not exceeding 15 square feet in background area, and if the framework and design of the sign are considered by the Director to "be suitable for the location. When individual letters are used, the maximum permissible area shall be at the discretion of the Director.

The Following Regulations Apply to Every Development in All R-3 Residential Districts.

(a) dwelling units per (b)

Height.

The height of a building shall not exceed 3 storeys nor 45 feet.

(c)

Site Area.

The minimum site area for each apartment building block shall be 8,600 square feet.

(d)

Front Yard.

The front yard shall be at the discretion of the Director, who shall have due regard to the amenities of the district, but in no case shall he permit a setback less than 20 feet, nor require a set-back exceeding 30 per cent of the mean lot depth.

(e)

Side Yard.

A side yard shall be provided on each side of the

CI'I1Y OF EDMONTON ZONING BYLAW NOo 2135 - AMENDMENTS

I I I

RE:

Section 24, Subsection ( 3) o

Section 2l.j., Subsection (3) is amended by deleting pa!"a.graph (b) and substituting the following: "(b)

Directional signs, more than one identification sign1 and identification signs which exceed 10 square feet in the case of permitted residential uses and 15 sq:ua.re feet in the ca.se of permitted non-residential use::; .. "

Bylaw No .. 2394, Passed May 13th, 19630

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24-3 SEC. 24 building of not less than 15 per cent of the width of the site except in the following circumstances:

(f)

(i)

in the case of a building exceeding 30 feet in height, the side yard shall be not less than 20 per cent of the width of the site; and

(ii)

in the case of a corner site, the side yard adjoining the flanking street shall be not less than 15 feet.

Rear Yard.

A rear yard shall be provided, the minimum depth of which shall be not less than 25 feet.

(g)

Site Coverage.

The maximum area of land which may be built upon shall be 30 per cent of the site area.

(h)

Grouped Apartment Blocks.

In the case of two or more grouped apartment buildings, the relationship of the building to each other, and the total relationship to the land on which t~ey are constructed, in particular respect to such matters as architectural appearance, the provision of adequate light, air, privacy and lanscaping shall be fully shown upon the site plans for the whole development, and all of the foregoing shall be to the satisfaction of the Director.

(3)

Uses Which May be Permitted Subject to Special Approval of The Zoning Committee.

Notwithstanding the provisions of Subsection (1) of this Section, permits may be issued for the following uses, subject to such uses first being approved by the Committee.

If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose: (a)

Boarding and lodging houses.

(b)

Directional Signs.

(c)

Fire Stations.

(d)

Fraternity or sorority houses.

I I

24-4 SEC. 24

I I I I I I ,I

I I I I I I I

(e)

Homecrafts.

(f)

Homes for the aged or children, and including dwelling units with more than four foster children in each dwelling unit .

(g)

Hospitals and sanatoria, excluding mental hospitals or hospitals for the treatment of animals, or institutions for the treatment of alcoholic or drug addicts.

(h)

Identification signs exceeding 2 square feet on any. apartment or terrace dwelling site.

(i)

One-Family dwellings.

(j)

Parking areas ancillar}r to a principal use on an adjacent site.

(k)

Police stations.

(1)

Public and quasi-public buildings.

(m)

Public utility buildings and installations.

(n)

Schools (public or private), kindergartens, day-care schools, creches or day nurseries.

(o)

Semi-detached one-family dwellings.

(p)

Terrace dwellings.

(q)

Two-family dwellings.

(r)

The office of a professional or business person provided that: (i)

the office is situated in the dwelling unit used by the person as his private residence; and

(ii)

the person conducts the profession or business in the dwelling unit; and

(iii)

the use will not generate parking problems within the district; and

(iv)

the number of employees does not exceed one; and

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24-5

SEC. 24 (v)

(s)

there shall be no exterior display or advertisement other than a permitted sign.

Buildings or uses accessory to the above uses.

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I I

24 A-1.

SECTION 24-A. (1)

R-4

GENERAL RESIDENTIAL DISTRICT

SEC. 24 - A

Uses.

Subject to all other provisions of this Bylaw except as otherwise provided, on any site, in any district defined, designated or described in this Bylaw as a R-4 General Residential District, permits will be issued only for the following uses, where these comprise purpose-designed buildings and not includin~, unl.ess otherwise stated, the conversion of existing buildings: (a)

One-family dwellings subject to the regulations governing R-1 Residential Districts.

(b)

Two-family dwellings subject to the provisions of R-2 .Residen~ial Districts.

(c)

Terraced Dwellings subject to the provisions of Section 13 (5).

(d)

Semi-detached, one-family dwellings subject to the provisions of Section 13 (5).

(e)

Apartment Buildings.

(f)

Boarding and Lodging Houses.

(g)

Fraternity and Sorority Houses.

(h)

Homes for the aged or chila.ren, and including dwelling units with more than four foster children in each dwelling unit.

(i)

Public Parks.

( j)

Fermi tted Transitional Us.es.

Where the side lot line of a lot within an R-4 District abuts upon a site in any Commercial or Industrial District or is not separated.therefrom by a street, lane or utility lot more than 33 feet wide, and extending not more than 100 feet from the boundary of the less restrictive area which it adjoins, the following transitional uses are permitted, including the conversion of existing buildings: (i)

Kindergartens.

(ii)

Day Care Schools.

(iii)

Creches or Day Nurseries.

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I

24 A-2.

(2)

(iv)

Parking Areas.

(v)

Public and Quasi-public buildings.

(k)

Buildings and uses accessory to the above uses.

(1)

Permitted signs, in accordance with the provisions of Section 21 (l)(d).

The Following Regulations Apply to Every Development in All of the R-4 General Residential Districtst Except Where Otherwise Permitted in Sub-section (1) or (2) h) Hereof. (a)

Height.

The height of a building shall not exceed 45 feet nor 4 storeys, except in the case of comprehensively designed mixed residential developments as referred to in Subsection (4)(b) of this Section.

(b)

Front Yard.

The front yard shall be at the discretion of the Director provided that he shall not permit a setback less than 20 feet nor require a setback greater than 30 per cent of the mean lot depth.

(c)

Side Yard.

A side yard shall be provided on each side of the building of not less than 10 per cent of the width of the site or of 7 feet, whichever is the lesser except in the following circumstances:

(i)

in the case of a building exceeding 25 feet in height, the side yard shall be not less than 20 per cent of the width of the site but need not exceed 15 feet,

(ii)

in the case of a corner site,

(iii)

(A)

where the building fronts on the street, the yard abutting the flanking street shall be not less than 20 per cent of the lot width, but need not exceed 15 feet; and

(B)

where the building fronts on the flanking street, the side yard abutting the flanking street shall be not less than 15 feet.

where the side yard abuts a ~tility lot not less ~han 20 feet in width, the side yard abutting the utility lot shall not be less than 3 feet.

24 A-3¡

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(d)

Rear Yard.

A rear yard which shall the case of the rear of

(e)

shall be provided, the minimum depth of be not less than 25 feet, provided that in a corner site the yard next to the lane at the site need not exceed 15 feet.

Site Coverage.

The rnaocimum area of land which may be built upon shall be 30 per cent of the site area except that parking structures and garages may be permitted, at the discretion of the Director, to increase the total site coverage to not more than 45 per cent.

(f)

Site Area and Frontage.

The minimum site area shall be 81 600 square feet and the minimum site frontage shall be 66 feet.

(g)

Density.

The maximum density for apartment buildings shall be in accordance with the following scale:

,I I I I I I I I I

(h)

I

i

(3)

TYPE OF DWELLING UNIT

AREA OF SITE REQUIRED PER DWELLING UNIT

Bed/Sitting Room One Bedroom Two or more Bedrooms

750 Square Feet 1 1 000 Square Feet 1 1 350 Square Feet

In the case of two or more gr~uped apartments or other residential buildings of similar uses, one to another, and located on the same site or sites developed comprehensively, where the densities meet the standards of the Bylaw, the relationship of one building to another and the total relationship to the land on which they are constructed, in particular respect to such matters as architectural appearance, the provision of adequate light, air, privacy and landscaping, shall be fully shown upon the plans for the whole development, and all of the foregoing shall be to the satisfaction of the Director.

Uses Which May be Permitted Subject to Special Approval of the Zoning Committee.

Notwithstanding the provisions of Sub-section (1) of this Section, permits may be issued for the following uses, subject to such uses first being approved by the Committee. The Committee in considering such uses shall pay due regard to

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'I I I I I I I I I

24 A-4. the general purpose of this district, namely:- to encourage the orderly transition, renewal or redevelopment of older low density residential areas which by reason of their proximity to traffic routes, commercial centres and accessibility 'Narrant a more economical and intensive use of land with a wide range of residential accommodations. If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose: (a)

Directional Signs.

(b)

Fire Stations.

(c)

Homecrafts.

(d)

Hospitals or sanatoria, excluding a mental hospital or hospital for the treatment of animals, or institutions for the treatment of alcoholics or drug addicts.

(e)

Parking areas ancillary to a principal use on an abutting site or one not separated therefrom by a street, lane or utility lot more than 33 feet wide.

(f)

Police Stations.

(g)

Public and quasi-public buildings.

(h)

Public utility buildings and installations.

(i)

Schools (public or private), kindergartens, day-care schools, creches or day nurseries.

(j)

The office of a professional or business person provided that:

(k)

(i)

the office is situated in the dwelling unit used by the person as his private residence; and

(ii)

the¡person conducts the profession or business in the dwelling unit; and

(iii)

the use will not generate parking problems within the district; and

(iv)

the number of employees does not exceed one; and

(v)

there shall be no exterior display or advertisement other than a permitted sign.

Buildings and uses accessory to the above uses.

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I

'I I I

24 A-5 (4)

Uses Which May be Permitted Subject to Special Approval of the Director.

Notwithstanding the provisions of Sub-section (1) of this Section, permits may be issued for the following uses. The Director in considering such uses shall pay due regard to the general purpose of this district, namely:- to encourage the orderly transition, renewal or redevelopment of older low density residential areas which by reason of their proximity to traffic routes, commercial centres and accessibility warrant a more economical and intensive use of land with a wide range of residential accommodations. If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Director may impose: (a)

The conversion of an existing dwelling into dwelling units, suites or sleeping rooms or a boarding or lodging house, where by reason of age, size or other factors deemed appropriate by the Director, the building is unsuitable for its present use.

(b)

Mixed Residential Development:- In the case of a comprehensively designed mixed residential development the Director, with the approval of the Technical Planning Board, may determine the maximum, permissible residential density, but shall pay due regard to the standards applicable to individual residential uses as specified in Sub-section (1) and (2) hereof. Where the Director, with the approval of the Technical Planning Board, deems it appropriate, retail or service uses substantially accessory to such a comprehensively developed project may be permitted.

(c)

Buildings and uses accessory to the above uses.

I

â&#x20AC;˘,I '

I I

Cl'I'Y OF EDMONTON ZONING BYLAW NO. 2135 - AMENDMENTS. Re:

Section 25, Sub-section ( 1) .

Section 25 (C-1 Commercial District) sub-section (1) is amended by deleting subparagraph (h) thereof and by substituting the following: "(h)

I I I I I I I ,I I I I I

~¡

Eating establishments, including acces::;ory catering (other than drive-in businesses or places where there is dancing or cabaret entertainment)".

Bylaw No. 2361, Passed January 14th, 1963.

Re:

Section 25, Sub-section (3).

Section 25 (C-1 Commercial District) sub-section (3) is amended by inserting before subparagraph (a) thereof the following new paragraph: "(aa)

Catering establishments in conjunction with eating establishments on the same premises".

Bylaw No. 2361, Passed January 14th, 1963.

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I

25-1 C-1 - COJVIMERCIAL DISTRICT.

Section 25.

SEC. 25

USES PERMITTED AND REGULATIONS. (1)

Uses Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as a C-1 Commercial District, permits will be issued only for the following uses: (a)

(b) (c)

(d) (e) (f) (g) (h) (i)

(j)

(k) (1) (m) (n) (o) (p) (q) (r) (s) (t)

Retail stores (excepting that, for the purposes of this subsection (1) (a), retail stores shall not include delicatessens, department stores, pawn shops, pet shops, liquor stores, secondhand stores, tire shops, or buildings or yards used for the sale of new or used automobiles, trucks, or heavy agricultural or heavy industrial machinery or equipment.)

Bakeshops Banks Barbers' shops Commercial Libraries Dressmakers' shops Dry cleaners' distributing stations Eating establishments (other than drive-in businesses or places where there is dancing or cabaret entertainment. ladies' hairdressing establishments Offices One or more dwelling units located above the first storey of a C-1 building, subject to such dwelling units having direct access to the outside street level.

Photographers' shops Post offices Public clinics Public libraries Public parks Shoe repair shops Vehicular parking areas Buildings and uses accessory to the above uses Permitted signs, if the following limitations are observed: No person within any C-1 District shall use any land, building or structure for the display of any sign, except the following permitted signs: (i) (ii)

Any sign permitted in an RRB District, and Not more than one lighted or unlighted identification or local advertising wall sign (excluding lighted signs of the flashing or animated types) to be located on the front face of each business premises, provided that

I I I I I I I I I I I I I I I I I I I

Cl TY OF

RE:

EDMCrTOt-~

ZCt'H'G 1:3YLAW t'O. 2135 - AMEt1DMENTS

Section 25, Subsection (1) (t) (v).

Section 25, Subsection (1) (t) (v) is arrended by addinp the followinr ne\" sub-µararraph: •·(vi)

on any business premise where a buildinr is located less than 20' from the property line of the principal street upon which such buildinr faces, not more than one projectin~ sign not exceedinr 25 square feet in area, which may be illuminatec:I but not anitllatecl or flashing, provided that no part of the sirn includinf its supportinr structure shall: (A)

extend more than o' above the parapet of the builc:linp, or

( '3)

extend rr.ore than 6' the buildinr, or

{C)

provide less than 8' heacroorr above any area usec by the public or as further limited by the Ed~onton BuilC.inr Code.•·

fro~

the face of

3ylaw t'o. 2392 Passed July 8,

1~63.

I I I I I I I I I I I I I I I I I I

25-2 SEC. 25 where a building has a parepet or fascia not less than 3 feet in height, no sign shall project more than 6 inches above the top of the parapet or fascia;

(B)

where a building has a parapet or fascia less than 3 feet in height the sign shall not exceed 3 feet 6 inches in vertical dimension;

(c)

where there is no provision for signs such as in the case of a flat roof or extended marquee, no sign shall project above the roof or marquee by more than 3 feet;

(D)

a minimum of 10 per cent of the business front shall be kept clear of any sign at each end of the business front; and

(iii)

on any one shopping centre unit, not more than one pole or ground identification sign (excluding lighted signs of the flashing or animated type) not exceeding 35 feet in overall height, no portion of which shall project over public property; and

(iv)

under any marquee, not more than one suspended identification sign fo¡r each business and not exceeding 12 inches in depth nor 4 feet in length, provided that there shall be a minimum height clearance of 8 feet from any pedestrian walk below, and

(v)

(2)

(A)

on any service station site, not more than 2 non flashing pole or ground type identification signs of a uniform type approved by the Director as a standard Company Trade Mark sign, not exceeding 35 feet in overall height nor 10 feet in width, no portion of which shall project over public property.

The Following Regulations Apply to Every Development in All C-1 Commercial Districts. (a)

The design, siting, external finish, architectural appearance and landscaping generally of all buildings, including any accessory buildings or structures and signs and any reconstruction or change of use shall be to the satisfaction of the Director in order that there shall be general conformity in such matters with adjacent buildings and their accommodation above, if any, and that there may be adequate protection afforded to the amenities of the adjacent residential properties;

I I I I I I I I I I I I I I I I I I I

25-3 SEC. 25 (b)

Height.

The height of a building shall not exceed 35 feet nor storeys.

(c)

2t

Site coverage.

The maximum area of each site which may be built upon shall be 30 per cent of the site area.

(3)

Uses Which May Be Permitted Subject to Special Approval of the Zoning Committee.

Notwithstanding the provisions of subsection (1) of this Section, permits may be issued for the following uses, subject to such uses first being approved by the Committee. If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

(1) (m)

Directional signs Drive-in businesses Dry cleaning shops Fire stations Identification or local advertising wall signs on exposed side walls of buildings Laundry shops Liquor stores Police stations Private clubs and lodges Public and quasi-public buildings Public utility buildings and installations Service stations, including those which are designed and built as part of a shopping centre A workshop accessory to a retail store, provided that:

(i) (ii) (iii) (n)

(o) (p)

(q)

The workshop is not located at the front of the store; Such use is restricted to the treatment of goods which would normally be done on the premises where the goods are sold; Goods for sale in other premises shall not be processed in such workshop.

One local advertising ground sign or standard poster panel with a maximum advertising area of 250 square feet.

Additional pole or ground identification signs.

Showrooms Buildings and uses accessory to the above uses.

/

I I I I I I I I I I I I I I I I I

I I

CITY OF EDMONTON ZONING BYLAW NO. 2135 - AMENDMENTS. Re:

Section 26, Sub-section (1).

Section 26 (C-2 Commercial District), Sub-section (1) is amended by adding in subparagraph (1) after the words "Eating establishments" the ptrase: "including accessory catering".

Bylaw No. 2361, Passed January 14th, 1963.

Re:

Section 26, Sub-section(3).

Section 26 (C-2 Commercial District), Sub-section (3) is amended by adding after "(a) Bowling Alleys" the following: "(aa)

Catering establishments".

Bylaw No. 2361, Passed January 14th, 1963.

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26-1

Section 26.

C-2 COMMERCIAL DISTRICT.

SEC. 26

USES PERMITTED AND REGULATIONS.

(1)

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as a C-2 Commercial District, permits will be issued only for the following uses: (a)

(b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x)

Retail stores (excepting that, for the purposes of this subsection (1) (a), retail stores shall not include delicatessens, department stores, pawn shops, pet shops, liquor stores, secondhand stores, tire shops, or buildings or yards used for the sale of new or used automobiles, trucks, or heavy agricultural or heavy industrial machinery or equipment.)

Bakeshops Banks Barbers' shops Commercial libraries Dressmakers' shops Dry cleaning depots Dry cleaners' distributing stations Eating establishments (other than drive-in businesses or places where there is dancing or cabaret entertainment.)

Ladies' hairdressing establishments Laundry shops Offices One or more dwelling units located above the first storey of a C-2 building, subject to such dwelling units having direct access to the outside street level.

Photographers' shops Post offices Public clinics Public libraries Public parks Service stations Showrooms Shoe repair shops Vehicular parking areas Buildings and uses accessory to the above uses Permitted signs which may be animated and illuminated but not flashing:

(i) (ii)

(iii)

Signs permitted in C-1 districts; Not more than one local advertising ground sign or standard poster panel with a maximum advertising area of 250 square feet; On any one shopping centre unit not more than one pole or ground identification sign not exceeding 45 feet in overall height, no portion of which shall project over public Eroperty~

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â&#x20AC;¢

CITY OF EDMONTON ZONING BYLAW NO. 2135 - AMENDhENTS RE:

Section 26, Subsection (l)(a).

Section 26, Subsection (l)(a) is hereby amended by deleting form this Section the following words: "delicatessens, department stores, pawn shops, pet shops, liquor stores, secondhand stores, tire shops, or".

Bylaw No. 2480 Passed February

10~,

1964.

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CITY OF EDMONTON ZONING BYLAW NO. 2135 - AMENDl\filNTS. Re:

Section 26, Sub-section (3).

Section 26, Sub-section (3) is amended by adding to Sub-section (3) the following new paragraph (aa) immediately preceding the existing paragraph (a): "(aa)

Establishments for the sale of new automobiles on sites of not less than one acre and subject to the following minimum requirements: (i)

the development shall be restricted primarily to the sale of new automobiles;

(ii)

the salâ&#x201A;Ź of used automobiles and automobile servicing and repairs shall be permitted only as incidental to the development under (i) above;

(iii)

showroom and office facilities normally associated with the sale of new automobiles shall be provided;

(iv)

all automobile storage areas and parking lots shall be developed and maintained in accordance with the ~equirements of Section 13 hereof except that all such areas and lots shall be hardsurfaced concurrently with the rest of the development;

(v)

all automobile storage areas and parking lots shall be screened from any adjacent residential zone by a solid fence or wall not less than 5 feet high;

(vi)

no trucks, trailers, farm equipment or machinery shall be displayed or serviced, and

(vii)

automobiles being displayed, serviced or stored shall not be parked on streets, lanes, sidewalks or boulevards and wheel guards or bumper guards shall be provided and so located that no part of a vehicle will extend into such streets, lanes, sidewalks or boulevards."

Bylaw No. 2499 Passed March 9, 1964.

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26-2 SEC. 26 . (2)

The Following Regulations Apply to Every Development in All C-2 Districts. ~a)

The design, siting, external finish, architectural appearance and landscaping generally of all buildings, including any accessory buildings or structures and signs, shall be to the satisfaction of the Director in order that there shall be general conformity in such matters with adjacent buildings and their accommodation above, if any, and that there may be adequate protection afforded to the amenities of the adjacent residential properties;

(b)

Height The height of a building shall not exceed 45 feet nor 3 storeys.

(c)

Site Coverage The maximum area of each site which may be built upon shall be 30 per cent of the site area.

(3)

Uses Which May Be Permitted Subject to the Special Approval of the Zoning Committee.

Notwithstanding the provisions of subsection (1) of tion, permits may be issued for the following uses, to such uses first being approved by the Committee. mit is granted, the development shall be undertaken ance with all the provisions of this Bylaw and such conditions that the Committee may impose: (a) (b) (c) (d) (e) (f) (g) (h)

(i)

(j) (k)

(1) (m) (n) (o) (p)

(q)

this Secsubject If¡a perin complifurther

Bowling alleys Cocktail lounges Curling rinks Delicatessens Drive-in businesses Fire stations Liquor stores Hotels Pet shops Pool rooms Police stations Public and quasi-public buildings Public utility buildings and installations Private clubs and lodges Service stations as part of or immediately abutting a shopping centre site Skating rinks Theatres

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I

SEC. 26 (r) (s)

Veterinary hospitals used exclusively for the treatment of dogs, cats and similar small animals or pets A workshop accessory to a retail store, provided that: (i) (ii) (iii)

(t) (u) (v) (w) (x) (y) (z)

The workshop is not located at the front of the store; Such use is restricted to the treatment of goods which would normally be done on the premises where the goods are sold; Goods for sale in other premises shall not. be processed in such workshop.

Directional signs Identification or local or general advertising wall signs on exposed side walls of buildings Additional¡ pole or ground identification signs and all pole or ground identification signs exceeding 45 feet in overall height.

Additional ground local or general advertising standard poster panels with a maximum advertising area of 250 square feet for each sign.

Local or general advertising ground signs or bulletin boards with a maximum advertising area of 450 square feet each.

One identification sign on a service station roof Buildings and uses accessory to the above use8'

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Section 27.

27-1

C-7 (RESTRICTED) TOURIST COMJllIERCIAL DISTRICT USES

PERt~ITTED

AND REGULATIONS

(1)

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as a C-7 (Restricted) Tourist Commercial District, permits will be issued only for the following uses: (a)

Motels.

(b)

Permitted signs if the following limitations are observed: (i) (ii)

(c) (2)

SEC. 27

Any sign permitted in an RRB District, and Not more than one pole or ground identification sign (excluding lighted signs of the flashing or animated type) not exceeding 35 feet in overall height, no portion of which shall project over public property.

Buildings and uses accessory to the above uses.

The Following Regulations Apply to Every Development in All C-7 (Restricted) Tourist Commercial Districts (a)

Design, siting, external finish, architectural appearance, and landscaping generally of all buildings, including any accessory buildings or structures and signs, shall be to the satisfaction of the Director, who shall ensure that there may be adequate protection afforded to the amenities of any residential properties adjacent thereto.

(b)

Height The height of a building shall not exceed one storey.

(c)

Location of Building on Site Notwithstanding the provisions of Section 13, subsection (4), paragraph (d), the yard requirements may be increased at the discretion of the Director in order that he may ensure that adequate protection is afforded to adjoining land uses.

(3)

Uses Which May Be Permitted Subject to Special Approval of the Zoning Committee Notwithstanding the provisions of subsection (1) of this Section, permits may be issued for the following uses, subject to such uses first being approved by the Committee. If a permit is granted, the development shall be undertaken in compliance with all the provisions of this Bylaw and such further conditions that the Committee may impose:

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27-2 Section 27.

SEC. 27 (a)

Those uses permitted or permitted subject to special approval of the Zoning Committee in R-1 Residential Districts.

(b)

Directional signs.

(c)

The maximum height of a building may be increased at the discretion of the Committee but in no case shall the height be increased to exceed the height permitted in the most restrictive residential district abutting the C-7 (Restricted) Tourist Commercial District.

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28-1 Section 28

M-1 INDUSTRIAL DISTRICT.

SEC. 28

USES PZRMITTED AND REGULATIONS.

(1)

Performance Standards.

Subject to all other provisions of this Bylaw on any site, in any district defined, designated or described in this Bylaw as an M-1 Industrial District, a person will be issued a permit only for the uses more particularly described in Subsection (3) of this Section, and only if the use and operation proposed for a site is conducted at all times so as to ensure that the use and operation will not cause nor permit any external objectionable or dangerous condition apparent beyond any building housing processes wherein such effects may be produced, including but without limiting the generalities thereof, the following objectionable features, namely:

(i) (ii) (iii) (iv)

( v) (vi) (vii) (viii) (2)

Noise Vibration :3moke, dust and other kinds of particulate matter Odour â&#x20AC;˘roxic and noxious matters Radiation hazards Fire and explosive hazards Heat, humidity and glare.

The Following Regulations Apply to Every Development in All M-1 Districts (a)

Appearance (i) (ii)

(iii)

(b)

All b~ildings shall be of good architectural design to the satisfaction of the Director.

All yards shall be landscaped, and the entire site and all buildings maintained in a neat, tidy manner including the trimming and upkeep of landscaped areas and the removal of debris and unsightly objects.

All storage, freightage or trucking yards shall be enclosed or completely screened by buildings, trees, landscaped features, or fences or a combination thereof.

Yards (i)

Front Yards The minimum front yard shall be as established by the Director and on record in the City Planning Department, but in no case shall the minimum setback be less than 20 feet nor required to exceed

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I

28-2 SEC. 28

35 feet.

No area for parking, loading, or storage, or any other like purpose shall be permitted within such minim.um front yard, provided that this shall not prohibit the use of a portion of the front yard for such walks or driveways as may be necessary. (ii)

Side Yards (A)

(B)

(iii)

A side yard shall be provided on each side of the building of not less than 15 feet, provided that this area may be used for loading and unloading to the building; and further, that the parking of motor vehicles may be permitted in such side yard at a distance of 60 feet or more from the front property line.

The Director may reduce the above side yard requirements wherever there is an abutting . railway line, lane or utility lot.

Rear Yards

A rear yard shall be provided, the minimum depth of which shall be not less than 2 feet except:

(c)

(A)

in the case where there is no rear lane, the distance shall be not less than 12 feet;

(B)

where the rear boundary of a site abuts a residential district it shall have a minimum rear yard of 25 feet; and

(c)

where the rear boundary of a site abuts a railway line no rear yard is required.

Site Coverage The maximum area of each site which may be built upon shall be 60 per cent of the site area.

(d)

Height The maximum height of buildings shall not exceed 35 feet.

(e)

Floor Area Ratio The ratio of floor area to site area shall not exceec. 2 to 1.

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28-3

(f)

Permitted Signs

SEC. 28

On each industrial site in an M-1 Industrial District the following signs are permitted subject to the following limitations:

(3)

(i)

Identification Signs, which may be animated and illuminated but not flashing and which shall be referred by the Director to the Architectural Panel which shall advise the Director as to suitability of the framework and design.

(ii)

Unless otherwise permitted by the Director an identification sign which is separate from a building shall be located so as to comply with the front, rear and side yard requirements applicable to the principal building on the site.

(iii)

No identification sign shall exceed¡ 700 sq. feet in area, except that when individual letters are . used the maximum permissible area shall be at the discretion of the Director.

(iv)

No identification sign shall project more than.5 feet above the top of any main wall or parapet to which it is affixed, unless in the opinion of the Director it has been designed as an integral part of the building.

(v)

Directional Signs, when approved by the Committee.

Uses Subject to all other provisions of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as an M-1 Industrial District, permits will be issued for only such of the following uses as will comply with the performance standards and conditions of Subsections (1) and (2) of this Section, namely: (a)

Warehousing, storage, receiving, distribution, transshipment of raw materials and processed or manufactured products (including parts and components).

(b)

Manufacturing.

(c)

Servicing and repairing establishments.

(d)

If approved by the Committee such commercial, recreational or municipal uses as are unlikely to have restrictive effects upon the industrial districts and are compatible with the industrial uses, together with any use or building accessory thereto.

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28-4

SEC. 28 (e)

Any use or building accessory to the foregoing uses.

(4)

If it appears from the application that the proposed use and operation may not be conducted in compliance with the performance standards herein set forth, the Director shall submit the application to the Committee for a decision thereon.

(5)

The Committee shall consider the application and may hear representations of the applicant, and if, in the opinion of the Committee, the applicant will comply with the performance standards herein set forth, it shall direct that the Director authorize the permit to be issued subject to such conditions or regulations as it may determine.

(6)

In considering the application, the Committee shall have regard to the intent of this Section, which is to establish use on the basis of (a)

appropriate performance standards; and

(b)

the methods, equipment, and techniques of the applicant; and

(c)

the use of neighbouring lands and zoning districts and the compatibility of the proposed use with neighbouring lands and zoning districts.

(7)

Notwithstanding anything contained in this Section, if an applicant for a permit satisfies the Director or the Committee that, while his proposed use is of a type normally associated with the uses of less restrictive or heavier industrial di2tricts, he will nevertheless comply with the performance standards applicable to an M-1 District, the Director shall authorize that a permit be issued subject to such conditions or regulations as the Director or the Committee may impose.

(8)

If at any time after the completion of the development, the use thereof by any person causes, in the opinion of the Technical Planning Board, any of the objectionable or dangerous conditions herein described, the Technical Planning Board shall report to the Zoning Appeal Board and advise that in its opinion the use fails to comply wholly or in part with the performance standards herein described.

(9)

Upon receipt of the advice of the Technical Planning Foard the Zoning Appeal Board shall consider the report and, following such hearing as the Board considers appropriate, the Board may order that the person conducting the use shall, at the expiry of such time as may be designated in the order, discontinue the use, or any part thereof, until he satisfies the Zoning Appeal Board that, upon resumption of the use, the said perform-

I I I I I I I I I I I I I I I I I I I

28-5 SEC. 28 ance standards will be complied with, whereupon the Zoning Appeal Board shall order that the use may be resumed.

(10)

A person failing to comply with an order of the Zoning Appeal Board issued pu:rsuant to the foregoing subsection (9), contravenes this Bylaw.

/

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29-1 M-2 INDUSTRIAL DISTRICT. USES PERMITTED AND REGULA'rIONS

(1)

Performance Standards Subject to all other provisions of this Bylaw on any site, in any district defined, designated or described in this Bylaw as an M-2 Industrial District, a person will be issued a permit only for the uses more particularly described in subsection (3) of this Section, and only if the use and operation proposed for a site is conducted at all times so as to ensure that the use and operation will not cause nor permit any external objectionable or dangerous condition apparent beyond the boundary of a site including, but without limiting the generalities thereof, the following objectionable features, namely:

(i) (ii) (iii) (iv) (v) (vi) (vii) (viii)

(2)

Noise Vibration Smoke, dust and other kinds of particulate matter Odour Toxic and noxious matters Radiation hazards Fire and explosive hazards Heat, humidity and glare.

The Following Regulations Apply to Every Development in All M-2 Districts (a)

(b)

Appearance (i)

All buildings shall be of good architectural design to the satisfaction of the Director.

(ii)

Any yard which abuts a highway, other than a local road or lane'¡ shall be la.i1dscaped and maintained in a neat condition.

Yards (i)

Front Yards The minimum front yard shall be as established by the Director and on record in the City Planning Department, but in no case shall the minimum setback be required to exceed 35 feet. No area for loading or storage or any other like purpose shall be permitted within such minimum front yard provided that this shall not prohibit the use of a portion of the front yard for such walks or driveways as may be necessary.

SEC. 29

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29-2 SEC. 29 (ii)

(~ii)

Side Yards (A)

Where a site abuts a site in a residential district, the side yard abutting such residential site shall be not less than 5 feet in width.

(B)

No other side yards are required except where necessary to provide adequate access to loading and unloading space to the satisfaction of the Director. In any other case where a side yard is provided then it shall be not less than 3 feet in width.

Rear Yards A rear yard shall be provided, the minimum depth of which shall be not less than 2 feet except:

(c)

(A)

in the case where there is no rear lane, the distance shall be not less than 12 feet;

(B)

where the rear boundary of a site abuts a residential district it shall have a minimum rear yard of 25 feet; and

(C)

where the rear boundary of a site abuts a railway line no rear yard is required.

Height The maximum height of buildings shall not exceed 60 feet.

(d)

Floor Area Ratio The ratio of floor area to site area shall not exceed 5 to 1.

(e)

Permitted Signs On each industrial site in an M-2 Industrial District the following signs are permitted subject to the following limitations: (i)

(ii)

Each sign shall be of good architectural design, not exceeding 700 square feet in area and may be illuminated.

Each sign may be animated or flashing when approved by the Director.

All signs as permitted in an M-1 District; and

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I I I I

29-3 SEC. 29 (iii)

(iv)

(v)

one local or general advertising ground sign or standard bulletin board for local or general advertising with a maximum advertising area of 450 square feet; and one directional sign; and

(vi)

one local advertising sign or one general advertising sign; and

(vii)

one roof sign not exceeding 20 feet in height above the top of any main wall or parapet unless in the opinion of the Director it has been designed as an integral part of the building; and

(viii) (3)

one local or general advertising ground sign or standard poster panel with a maximum 250 square feet of advertising area; and

directional signs.

Uses Subject to all other provisions of this

Bylaw, on any site, in

any district defined, designated, or described in this Bylaw

as an M-2 Industrial District, permits will be issued for only such of the following uses as will comply with the performance standards and conditions of Subsection (1) and (2) of this Section, namely: (a)

Warehousing, storage, receiving, distribution, transshipment of raw materials and processed or manufactured products (including parts and components).

(b)

Manufacturing.

(c)

Servicing and repairing establishments.

(d)

If approved by the Committee such commercial, recreational or municipal uses as are unlikely to have restrictive effects upon the industrial districts and are compatible with the industrial uses, together with any use or building accessory thereto.

(e)

Any use or building accessory to the foregoing uses.

(4) If it appears from the application that the proposed use and operation may not be conducted in compliance with the performance standards herein set forth, the Director shall subnit the application to the Committee for a decision thereon.

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29-4 SEC. 29 (5)

The Committee shall consider the application and may hear representations of the applicant, and if, in the opinion of the Committee, the applicant will comply with the performance standards herein set forth, it shall direct that the Director authorize the permit to be issued subject to such conditions or regulations as it may determine.

(6)

In considering the application, the Committee shall have regard to the intent of this Section, which is to establish use on the basis of (a)

appropriate performance standards; and

(b)

the methods, equipment, and techniques of the applicant; and

(c)

the use of neighbouring lands and zoning districts and the compatibility of the proposed use with neighbouring lands and zoning districts.

(7)

Notwithstanding anything contained in this Section, if an applicant for a permit satisfies the Director or the Committee that while his proposed use is of a type normally associated with the uses of less restrictive or heavier industrial districts, he will nevertheless comply with the performance standards applicable to an M-2 District, the Director shall authorize that a permit be issued subject to such conditions or regulations as the Director or the Committee may impose.

(8)

If at any time after the completion of the development, the use thereof by any person causes, in the opinion of the Technical Planning Board, any of the objectionable or dangerous conditions herein described, the Technical Planning Board shall report to the Zoning Appeal Board and advise that in its opinion the use fails to comply wholly or in part with the performance standards herein described.

(9)

Upon receipt of the advice of the Technical Planning Board the Zoning Appeal Board shall consider the report and following such hearing as the Board considers appropriate, the Board may order that the person conducting the use shall, at the expiry of such time as may be designated in the order, discontinue the use, or any part thereof, until he satisfies the Zoning Appeal Board that, upon resumption of the use, the said performance standards will be complied with, whereupon the Zoning Appeal Board shall order that the use may be resumed.

(10)

A person failing to comply with an order of the Zoning Appeal Board issued pursuant to the foregoing subsection (9), contravenes this Bylaw.

··1.. 3M·.

1 ~'

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30-1

M-3 INDUSTRIAL DISTRICT.

Section 30.

SEC. 3C

USES PERMITTED AND REGULATIONS

(1)

Performance Standards Subject to all other provisions of this Bylaw on any site, in any district defined, designated or described in this Bylaw as an M-3 Industrial District, a person will be issued a permit only for the uses more particularly described in subsection (3) of this Section, and only if the use and operation proposed for a site is conducted at all times so as to ensure that the use and operation will not cause nor permit any external objectionable or dangerous condition apparent beyond the boundary of the M-3 Industrial District wherein the site is located, including, but without limiting the generalities thereof, the following objectionable features, namely:-

(i) (ii) (iii) (iv)

(v) (vi) (vii) (viii)

(2)

Noise Vibration Smoke~ dust and other kinds of particulate matter Odour Toxic and noxious matters Radiation hazards Fire and explosive hazards Heat, humidity and glare.

'rhe Following Regulations Apply to Every Development in All .M-3 Districts (a)

(b)

Appearance (i)

All buildings shall be of reasonable architectural design, having regard to the uses proposed on the site, and shall be to the satisfaction of the Director.

(ii)

Any yard which abuts a highway, other than a local road or lane, shall be landscaped and maintained in a neat condition.

Yards (i)

Front Yards The front yard shall be as established by the Director and on record in the City Planning Department, but in no case shall the set-back be required to exceed 35 feet. No area for loading or storage or any other like purpose shall be permitted within such required front yard, provided that this shall not prohibit the use of a portion of the front yard for such walks or driveways as may be necessary.

I I I I I I I I I I I I I I I I I I I

30-2

SEC. 30 (ii)

(iii)

Side Yards (A)

Where a site abuts a site in a residential district, the side yard abutting such residential site shall be not less than 5 feet in width.

(B)

No other side yards are required except where necessary to provide adequate access to loading and unloading space to ~he satisfaction of the Director. In.any other case where a side yard is provided then it shall be not less than 3 feet in width.

Rear Yards

A rear yard shall be provided, the minimum depth of which shall be not less than 2 feet except:

(c)

(A)

in the case where there is no rear lane, the distance shall be not less than 12 feet;

(B)

where the rear boundary of a site abuts a residential district it shall have a minimum rear yard of 25 feet; and

(C)

where the rear boundary of a site abuts a railway line no rear yard is required.

Height The maximum height of buildings shall not exceed 100 feet unless otherwise approved by the Committee.

(d)

Floor Area.Ratio The ratio of floor area to site area shall not exceed 5 to 1.

(e)

Permitted Signs, if the following limitations are observed: No person shall use or permit the use of any land, building or structure within any M-3 Industrial District for the display of any sign, except such signs as are permitted in M~2 Industrial Districts, provided however that the Committee may, in its sole discretion, permit more than the minimum number of allowable signs.

I I I I I I I I I I I I I I I I I I I

30-3 (3)

Uses

SEC. 30

Subject to all other provisions of this Bylaw, on any site, in any district defined, designated or described in this Bylaw as an M-3 Industrial District, permits will be issued for only such of the following uses as will comply with the performance standards and conditions of subsections (1) and (2) of this Section, namely: (a)

Warehousing, storage, receiving, distribution, transshipment of raw materials and processed or manufactured products (including parts and components) open or enclosed.

(b)

Manufacturing.

(c)

Servicing and repairing establishments.

(d)

If approved by the Committee such commercial, recreational or municipal uses as are unlikely to have restrictive effects upon the industrial districts and are compatible with the industrial uses, together with any use or building accessory thereto.

(e)

Any use or building accessory to the foregoing uses.

(4)

If it appears from the application that the proposed use and operation may not be conducted in compliance with the performance standards herein set forth, the Director shall submit the application to the Committee for a decision thereon.

(5)

The Committee shall consider the application and may hear representations of the applicant, and if, in the opinion of the Committee, the applicant will comply with the performance standards herein set forth, it shall direct that the Director authorize the permit be issued subject to such conditions or regulations as it may determine.

(6)

In considering the application, the Committee shall have regard to the intent of this Section, which is to establish use on the basis of

(7)

(a)

appropriate performance standards; and

(b)

the methods, equipment, and techniques of the applicant; and

(c)

the use of neighbouring lands and zoning districts and the compatibility of the proposed use with neighbouring lands and zoning districts.

Notwithstanding anything contained in this Section, if an applicant for a permit satisfies the Director or the Committee that, while his proposed use is of a type normally associated

I I I I I I I I I I I I I I I I I I

I

30-4 SEC. 30 with the uses of less restrictive or heavier industrial districts, he will nevertheless comply with the performance standards applicable to an M-3 District, the Director shall authorize that a permit be issued subject to such conditions or regulations as the Director or the Committee may impose.

(8)

If at any time after the completion of the development, the use thereof by any person causes, in the opinion of the Technical Planning ~oard, any of the objectionable or dangerous conditions herein described, the Technical Planning Board shall report to the Zoning Appeal Board and advise that in its opinion the use fails to comply wholly or in part with the performance standards herein described.

(9)

Upon receipt of the advice of the Technical Planning Board the Zoning Appeal Board shall consider the report and following such hearing as the Board considers appropriate, the Board may order that the person conducting the use shall, at the expiry of such time as may be designated in the order, discontinue the use, or any part thereof, until he satisfies the Zoning Appeal Board that, upon reswnption of the use, the said performance standards will be complied with, whereupon the Zoning Appeal Board shall order that the use may be reswned.

(10)

A person failing to comply with an order of the Zoning Appeal Board issued pursuant to the foregoing subsection (9) contravenes this Bylaw.

M,

A'

Pl

sl

I I APP EN D IX

N O.

Z0 NI NG

MA P S

2

I

I

PLEASE NOTE: I

I I ,I I I I I I I I I I I

The following maps are included for convenience only.

I

These

maps are not the official maps and may not be depended upon.

1

Amendme~ts

to the Zoning Map will be made from time to time,

and copfes of such amendments will be available from the City I

Planning Department.

For accurate interpretation and amend-

'

ments ders must rely upon the official maps on file in the I

office qf the City Clerk or the City Planning Department.

September 27th, 1961.

I I I

CITY PLANNING DEPARTMENT CITY HALL EDMONTON ALBERTA

"HEART

OF

CANADA 0 S

GREAT

NORTH

WEST"

I I I I I I I

Re: Thi~

Zoning Bylaw and Amendments

is to advise that the Zoning Maps in Appendix No. 2

of the Zoning :Bylaw No. 2135 are now considera..bly out of date i

because of the extended coverage of the Zoning Bylaw and should I

not therefore 1be ref erred to as an accurate representation of zoning within the Ci~y of Edmonton.

More up to date plans of City zoning

I

can be obtained from the City Planning Department for $1.50 plus I mailing charges.

These are revised once every six to twelve months,

I

and copies of map amendments thereto during the interim period between I

revisions may, be obtained from the Planning Department for a nominal

I I I I I I I I

charge.

I

I have enclosed a list of Zoning Amendment Bylaws to I

the original Zoning Bylaw No. 2135 for your information, and I would suggest that ~ou insert these in your copy of the Zoning Bylaw.

I

Copies of additional.amendments will be mailed to you from. time to i time.

w.

G. Hardcastle,

CHIEF PLANNER.

I I I I I I I I I I I I I I I I I I

I

L EGEND

A

Parkway and Public Uses Districts

AP

Public Parks Districts

RRA

Restricted Residential Districts

RRB

Restricted Residential Districts

RRC

Restricted Residential Districts

R-1

Residential Districts

R-2

Residential Districts

R-2A Residential Districts R-3

Residential Districts

C-1

Commercial Districts

C-2

Commercial Districts

C-7

(Restricted) Tourist Commercial Districts

M-1

Industrial Districts

M-2

Industrial Districts

M-3

Industrial Districts

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