Edmonton (Alta.) - 1972 - Zoning bylaw no. 2135, office consolidation copy no. 5 (1972-11) by Edmonton Tower Resource Centre Online Library

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. ARCH\VES COLLECT\ON PLANNING & BUILDING DEPARTMENT LIBRARY

CITY OF EDMONTON

ZONING BYLAW 0 FFI C E C 0 N S0 L I D AT I 0 N C 0 PY No. 5 NOVEMBER - 1972

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NOTE

All persons making use of this office consolidati9n are warned that it has no legal sanction; that the amendments have been embodied only for the convenience of reference, and that Zoning Bylaw No. 2135 and amendments thereto should be consulted for all purposes of interpretation and application. For information on areas of the City not covered by the Zoning Bylaw, please enquire at the City Planning Department, 6th Floor, City Hall.

City of Edmonton

ZONING BYLAW No. 2135 -CONTENTSSection Number 1. 2.

PART I

TITLE ----------------------------------DEFINITIONS------------------------------

PART II 3.

GENERAL OPERATIVE CLAUSES --------------( 1) Approval required for development --------(3) Non-conforming buildings and uses ________ _ ( 4) Utilities required before commencement ____ _ (5) Highways----------------------------(6) Unzoned nreas to remain under interim development control --------------------(?) Appendices --------------------------(8) Preliminary Regional Plan ---------------(9) Conversion of Approved Service Station Sites in C-1 Commercial Districts ---------------

PERMITTED DEVELOPMENTS ----------------( 1) Developments not requiring approval -------(a) Buildings already constructed ---'-----(b) One-family dwellings ---------------(c) Completion of building under construction (d) Right of use ---------------------( e) Boarders, Lodgers & Foster Children ___ _ (f) Temporary Polling Stations __________ _ (g) Public Utilities -------------------(h) Temporary construction of buildings ____ _ (i) Official Sigf"ls, etc. ---.,--------------(j) Temporary signs and structures _______ _ (k) Fences, etc. ----------------------(1) Change of use ---,-----------------(m) Developments and Subdivisions excepted by the Act ------------------------

PROCEDURE RESPECTING APPLICATIONS TO DEVELOP AND DUTIES AND RESPONSIBILITIES OF THE DIRECTOR ------------------------( 1) Administrative responsibility ------------(2) Permission required for development ______ _ (3) Plans and information required __________ _ (4) Form of application -------------------( 5) Compliance with other Bylaws, etc. ________ _ (6) Amending of applications---------------(6A) Limit on Frequency of Applications ________ _ (7) Decisions on Applications-General _______ _

Section Number

(8)

Permitted Uses -----------------------

(BA) Municipal Planning Commission -----------

(9) (9A) (9B) (10) (12) (13)

Special Uses ------------------------Development Permit ------------------Approved Applications _________________ _ Public inspection of development applications Suspension or Revocation of Permit ______ _ Right of entry -----------------------(14) Lapse of Permit -----------------------

ARCHITECTURAL PANEL--------------------( 1) Establishment of Architectural Panel ______ _ (2) Composition ------------------------(3) Relationship of Architectural Panel to Development Appeal Board --------------

DEVELOPMENT APPEAL BOARD --------------( 1) Establishment -------------~--------- ( 1A) Right of Appeal ----------------------(2) Membership ------------------------(3) Administration-----------------------(4) Jurisdiction _________________ .:_ _______ _ (6) Decision not a Precedent ---------------(7) Limitation of Powers ------------------(9) Procedure ---------------------------

AMENDMENTS ---------------------------( 1) Application -------------------------(2) Prior ~on_sideration by Municipal Planning Comm1ss1on -------------------------(3) Limit on frequency of application _________ _ ( 4) Payment and undertaking --------------(5) Council may direct repayment ___________ _ (6) Liability of applicant ------------------(7) Investigation by Director ---------------(8) Preliminary examination----------------(9) Procedure by applicant ----------------( 10) Decision by Council -------------------( 11) Proposed amendments may originate from Municipal Planning Commission __________ _ ( 12) Amendments proposed in Council ________ _ ( 13) Preliminary Regional Plan ---------------

10.

ENFORCEMENT---------------------------( 1) Offences ---------------------------(2) Penalty ----------------------------(3) Investigation of Complaints--------------

PART Ill 11.

ZONING DISTRICTS------------------------( 1) Designation of Districts ·-----------------

Section Number

(2) (3) ( 4)

Shortened Designation -----------------District boundaries -------------------Interpretation of District boundaries _______ _

12.

GENERAL REGULATIONS -------------------( 1) Subdivision of land -------------------(2) Minimum yards ----------------------(3) Projection into yards ------------------( 4) Objects Prohibited or Restricted in Yards ___ _ (5) Public Utility Buildings ----------------(6) Restrictions on Corner Sites ------------(7) Fences in Residential Districts ___________ _ (8) Corner Sites ------------------------(9) Double Fronting Sites -----------------(10) Accessory Buildings ------------------( 11) Off.street Vehicular Loading and Unloading Facilities ---------------------------(12) Off-street Vehicular Parking Facilities _____ _ (13) Development and Maintenance Requirements for Public and Private Parking Areas ______ _ ( 14) Parking Schedule --------------------( 15) General Provisions in Respect of Restricted Residential Districts-------------------( 16) Underground Gas Service Lines _________ _ ( 17) Public Schools -----------------------{18) Walkway-serviced subdivisions __________ _ (19) Walkway-serviced sites ________________ _ (20) Walkway-serviced multiple housing ______ _ (21) Property Identification Signs -------,-----

13.

SPECIAL PROVISIONS ----------------------( 1) Churches ---------------------------(2) Drive-in businesses -------------------(2A) Car Washing Establishments ------------(3) ServiceÂ· Stations --"'"------------------( 4) Motels -----------------------------(5) Terraced Dwellings and Semi-detached, one-family dwellings ------------------(6) Terraced Dwellings for Individual Home Ownership ---------------------PART IV

14.

PREVIOUS BYLAWS ------------------------

15.

EFFECTIVE DATE -------------------------PART V APPENDICES APPENDIX No. l-DISTRICT SCHEDULES

16.

A-METROPOLITAN RECREATIONAL DISTRICT ____ _ (1) (2)

Uses ------------------------------Regulations -----~~------=--==~~~~-~-~

Section Number (3) ( 4)

16-A.

Uses Which May Be Permitted Subject To The Specia.1 ~pproval of the Municipal Planning Comm1ss1on -------------------------Special Permitted Uses for Existing Subdivisions of Less than the Minimum Area Permitted in this District -----------------------------

AG-UR AGRICULTURAL URBAN RESERVE DISTRICT_ (1) (2) (3)

16-B.

Uses ------------------------------Regulations ~------------------------ Uses Which May Be Permitted Subject To The Special Approval of The Municipal Planning Commission -------------------------AG-U AGRICULTURAL GENERAL URBAN DISTRICT_ (1) Uses------------------------------(2) Regulations -------------------------(3) Uses Which May Be Permitted Subject To The Special Approval of The Director _________ _

16-C.

AG AGRICULTURAL DISTRICT ---------------(1) Uses ------------------------------(2) Regulations -------------------------(3) Uses Which May Be Permitted Subject To The Specia.1 ~pproval of the Municipal Planning Comm1ss1on ------------------------( 4) Special Permitted Uses For Existing Subdivisions of Less Than the Minimum Area Permitted in This District ------------'-------------

16-D.

AR COUNTRY RESIDENCE DISTRICT -~-------- (1) Uses------------------------------(2) Regulations-------------------------AS-AGRICULTURAL SMALL-HOLDING DISTR ICT __ _

16-E.

(1) (2)

Uses ------------------------------Regulations --------------------------

17.

AP·PUBLIC PARKS DISTRICT -----------------

18.

(1) Uses ------------------------------(2) Regulations -------------------------RRA-RESTRICTED RESIDENTIAL DISTRICT ______ _ (1) (2) (3)

Uses ------------------------------Regulations -------------------------Uses Which Are Permitted Subject to The Right of Appeal To The Development Appeal Board

19.

RRB-RESTRICTED RESIDENTIAL DISTRICT ------(1) Uses ------------------------------(2) Regulations _______________ ..:. _________ _ (3) Uses Which Are .Permitted Subject To The Right of Appeal To The Development Appeal Board __

20.

RRC-RESTRICTED RESIDENTIAL DISTRICT ______ _ (1) (2)

Uses -------------~---------------- Regulations --------------------------

Section Number (3)

21.

R-1 RESIDENTIAL DISTRICT -----------------( 1) (2) (3)

21-A.

Uses ------------------------------Regulations -------------------------Uses Which Are Permitted Subject To Right of Appeal To the Development Appeal Board __ _

R-3 RESIDENTIAL DISTRICT -----------------(1) (2) (3)

24-A.

Uses ------------------------------Regulations -------------------------Uses Which Are Permitted Subject To The Right of Appeal To the Development Appeal Board ------------------------------

R-2A RESIDENTIAL DISTRICT ----------------( l) (2) (3)

24.

Uses ------------------------------Regulations -------------------------Uses Which Are Permitted Subject To The Right Of Appeal To The Development Appeal Board

R-2 RESIDENTIAL DISTRICT -----------------( 1) (2) (3)

23.

Uses ------------------------------Regulations -------------------------Uses Which Are Permitted Subject To The Right of Appeal To The Development Appeal Board __

RC-1 RESIDENTIAL CONVERSION DISTRICT _____ _ (1) (2) (3)

22.

Uses Which Are Permitted Subject To The Right of Appeal To the Development Appeal Board __

Uses ------------------------------Regulations -------------------------Uses Which Are Permitted Subject To The Right of Appeal To The Development Appeal Board __

R-3A MEDIUM DENSITY SUBURBAN RESIDENTIAL DISTRICT (1) (2) (3)

24-B.

Uses ------------------------------Regulations __________________________ _ Uses Which Are Permitted Subject To The Right Of Appeal To The Development Appeal Board

R-4 GENERAL RESIDENTIAL DISTRICT --------General Purpose ---------------------( 1) Uses ------------------------------(2) Regulations -------------------:--------

Section Number (3) (ri)

24-C

Uses Which Are Permitted Subject To The Right of Appeal To the Development Appeal Board __ Uses Which May Be Permitted Subject To The Approval of The Municipal Planning Commission -------------------------

R-5 MEDIUM DENSITY RESIDENTIAL DISTRICT ( 1)

(2) (3)

24-D

R-6 HIGH DENSITY RESIDENTIAL DISTRICT ( 1)

(2) (3)

24-E

Uses Regulations Uses Which Are Permitted Subject To The Right Of Appeal To The Development Appeal Board

R-7 RESIDENTIAL AND SPECIAL PURPOSE OFFICE DISTRLCI. ( 1) Uses (2) Regulations (3) Us~s Which Are Permitted Subject To The Right Of Appeal To The Development Appeal Board

25.

C-1 COMMERCIAL DISTRICT ----------------( 1) (2) (3)

26.

26-A

Uses ------------------------------Regulations -----------.--..,--=-=-==--.,..---Uses Which Are Permitted Subject to The Right of Appeal To The Development Appeal Board __

C-2 COMMERCIAL DISTRICT -----------------( 1) Uses ------------------------------(2) Regulations -------------------------(3) Uses Which Are Permitted Subject to The Right of Appeal To The Development Appeal Board C-2A COMMERCIAL DISTRICT ( 1)

Uses

Section Number

(2) (3)

26-B

Regulations Uses Which Are Permitted Subject To The Right Of Appeal To The Development Appeal Board

C-3 GENERAL COMMERCIAL DISTRICT ( 1) (2) (3)

Uses Regulations Uses Which Are Permitted Subject To The Right Of Appeal To The Development. Appeal Board

27.

C-7 (RESTRICTED) TOURIST COMMERCIAL DISTRICT -------------------------------( l) Uses ------------------------------(2) Regulations -------------------------(3) Uses Which Are Permitted Subject to The Right of Appeal To The Development Appeal Board __

28.

M-1 INDUSTRIAL DISTRICT -----------------( 1) Performance Standards ----------------(2) Regulations -------------------------(3) Uses ------------------------------(4) Uses Which Ar.e Permitted Subject To The Right Of Appeal To The Development Appeal Board

29.

MÂ·2 INDUSTRIAL DISTRICT -----------------( 1) Performance Standards ----------------(2) Regulations -------------------------(3) Uses ------------------------------M-3 INDUSTRIAL DISTRICT -----------------( 1) Performance Standards -----------------(2) Regulations -------------------------(3) Uses ------------------------------P-1 PUBLIC SERVICE DISTRICT --------------General Purpose ---------------------( l) Uses ------------------------------(2) Regulations -------------------------(3) Uses Which Are Permitted Subject to The Right of Appeal to The Development Appeal Board __

30.

31.

32.

P-2 PRIVATE SERVICE DISTRICT -------------General Purpose ---------------------( l) Uses ------------------------------(2) Regulations -------------------------(3) Uses Which Are Permitted Subject to The Right of Appeal to The Development Appeal Board __

Section Number 33.

MA MUNICIPAL AIRPORT DISTRICT -----------General Purpose ---------------------( 1) Uses ~----------------------------- (2) Regulations --------------------------

34.

P-3 RESIDENTIAL DISTRICT -----------------General Purpose -----------·----------( 1) Uses -------~---------------------- (2) Regulations --------------------------(3) Uses Which Are Permitted Subject To The Right Of Appeal To The Development Appeal Board

1Âˇ1

BYLAW No. 2135

SEC. 1

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

Section 1.

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

2-1 SEC. 2

Section 2

PART I.

DEFINITIONS 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 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; "(5A) 'apartment building, high-rise,' exceeding four storeys in height;

means an apartment building

(5B) 'apartment building, walk-up,' means an apartment building not more than four storeys in height;" (6) "bakery" means a factory for producing, 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; (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; (SA) "bed-sitting room unit" means a dwelling unit in which the sleeping and living areas are combined and which in the opinion of the Development Officer, is not reasonably capable of being developed as a unit containing one or more bedrooms; (9) "Board" means the Development Appeal Board; (10) "boarding or lodging,house" means a dwelling in which the proprietor

2-2 Section 2 SEC. 2 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;

( 11) "building" includes any structure, erection, stockpile, sign or fixture that may be built or placed on land; ( 12) "carwashing 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; (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; (18A) "collector street" means a highway or public roadway the function of which is to collect and distribute traffic from major arterials to less important arterial streets, to serve community business centres, high schools, athletic fields, neighbourhood shopping centres, parks, golf courses and other secondary traffic generators, and to serve traffic from neighbourhood to neighbourhood within the community; (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;

( 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, physical or mentai 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; (23A) "Country residence" means a permanent 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 concentration and which will be beyond the areas of urban expansion.

2-3 Section 2

SEC. 2

(24) "court, inner" means an open 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 sidesÂˇ the exterior walls of such building, or by such walls and the line or lines of an adjoining lot or lots; Âˇ

(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 upon a street or yard;

(26) "coverage" means, in the case off a residential building or structure, the combined area of all buildings or structures on the lot, measured at the level of the lowest storey containing 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 buildir.g 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; (28) "development" means (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 or the intensity of use of any land, buildings or premises; (28A) "Development Officer" means the officer appointed by Section 5 (1) (a) of this Bylaw; (29) "Director" means the Development Officer; (29A) "Director of Planning" meansÂˇ the Development Officer, save that in Section 5 (1) (a) of this Bylaw it means the official of The City of Edmonton in charge of its Planning Department; (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 subjecte:.I to any such processes;

2Âˇ4 Section 2

SEC. 2

(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, repairingÂˇ 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 (a) in which only non-inflammable solvents are or can be used, and (b) which omit, 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 retai I ser\/ke is provided by the proprietor; ~34)

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

(35) "dwelling" or "dwelling unit" means either a self -contained room or self-contained rooms provided with sleeping and coqking facilitie5 intended or used permanently or semi-permanently as a residence, and having either separate or shared toilet facilities. Each dwelling unit shall be w;ed 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 for 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;

2-5

Section 2

SEC. 2

(38A) "expressway" means a highway or public roadway the function of which is to permit a relatively unimpeded traffic flow through the City of Edmonton and between the major elements of such city or its most important traffic generators, and secondarily, to serve adjacent properties; (39) "family" 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; ( 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; Âˇ ' (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 (a) the highest point of the roof in the case of a building with a Âˇ 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 20Â° 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, domes or spires, grain elevators, monuments, scenery lofts, elevator housings, roof stairway entrances, water tanks, ventilating equipment, skylights, fire walls or parapet walls, receiving or transmitting structures, masts, flag poles, clearance markers, or other erections when

2-6

Section 2

SEC. 2 approved by the Commission, and provided further that there is a compliance with requirements as determined by the Municipal Planning Commission governing the height of buildings and structures in relation to the Edmonton Municipal Airport flight paths and the Alberta Government Telephones Microwave Beams.

"(45A) 'highway' means a road or way open to the public as of right for the purpose of passing and repassing, and includes (a) (b)

a road or road allowance surveyed under The Surveys Act or any other Act and a public roadway provided in a subdivision under The Planning Act or any other Act:".

(46) "homecraft" 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; (a) homecraft shall not normally include beauty parlors, barber shops and dance schools, (b) there shall be no exterior display or advertisement, (c) there shall be no exterior storage of materials, 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 than 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 compliance with the regulations contained herein, the following uses are deemed to be customary homecrafts: (i) dressmaking and millinery, homecooking, and preserving and similar domestic homecrafts, (ii) the manufacture of novelties, souvenirs and handicrafts as an extension of a hobby, (iii) stamp and coin collecting and sales, (iv) individual instruction to music students, (v) the carrying out of minor repairs to domestic equipment normally used within dwellings, and (vi) other uses deemed appropriate by the Director. (47)

"hotel" means a building containing either sleeping or dwelling units, or a combination of both, occupied or equipped to be occupied as a temporary abode for tourists or transients, and also containing a general kitchen and dining or other public rooms.

( 48) "interior site" means a site which is bounded by only one street;

2-7

Section 2

SEC. 2

(49) "landscaping" means to change or modify the natural features of a site so as to make it more attractive and desirable by adding lawns, 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: (~) 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; (52) "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 the Land Titles Office; (52A) "major arterial road" means a highway or public roadway the function of which is to expedite the movement of through traffic to major traffic generators and from community to community, and primarily, to serve the adjacent land, to collect and distribute traffic from freeways and expressways to less important arterial roads or directly to traffic destinations; (53)

"motel" means an establishment consisting of two or more attached or detached living or sleeping units, each unit having sanitary facilities, occupied or equipped to be occupied as a temporary abode generally by transient Âˇautomobile tourists.

(54) "non-conforming building" means a building (a) that is lawfully constructed or lawfully under construction at the date of passage of a development control resolution or at the date of first publication of an official notice of a proposal to pass a zoning bylaw affecting the land on which the building is situated, and (b) that does not or will not conform to the requirements of the resolution or to Zoning Bylaw No. 2135 that became effective on 20th November, 1961. ( 55) "non-conforming use" means a lawful specific use (a) made of land or a building or intended to be made of a building lawfully under construction at the date of passage of a development control resolution or the date of first publication of an official notice of a proposal to pass a zoning bylaw affecting such land or building, and

2-8 Section 2

SEC. 2

(b) that does not or will not conform to the requirements of the resolution or to Zoning Bylaw No. 2135 that became effective on 20th November, 1961. ( 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 Development Appeal Board and the Municipal Planning Commission (as the case may be) may be or become hazardous or injurious as regards health or safety or which adversely affects the amenities of the neighbourhood or interferes with or may interfere with the normal enjoyment of any land, building or structure; (56A) "Officer" means the Development Officer; (568) "one-bedroom unit" means a dwelling unit containing not more than one bedroom and, in the opinion of the Development Officer is not reasonably capable of being developed as a unit containing two or more bedrooms; (57) "one-family dwelling" means a building containing only one dwelling unit but does not include a semi-detached one-family dwelling; "(57 A) 'parkade, private', means a private garage containin.g not less than ten parking spaces;" (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; (62) "private, academic, philanthropic or religious school" means 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;

2-9 Section 2

SEC. 2

(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; ( 64A) "public authority" means any person or body of persons not trading for profit and authorized by or under any statute to carry on a public undertaking with power to use or develop land for public or community purposes and includes the municipal corporation of The City of EdmontonÂˇ, any other municipal corporation, a school board and a hospital board but not Her Majesty the Queen; (648) "public housing" means a project providing decent, safe and sanitary housing for persons or families of low income; ( 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 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; (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; "(.68A) 'public highway' means a highway subject to the direction, control and management of the Minister of Highways under The Public Highways Development Act;

2-10 Section 2

SEC. 2

(688) 'public roadway' means a highway subject to the direction, control and management of Development Act;".

the

City

under

The Public

Highways

(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 a one-family dwelling joined to only one other one-family dwelling by a party wall, which together are known as a side-by-side duplex; (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; (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; (78A) "special use" means a use listed in the District Schedules of this Bylaw and which is subject to appeal in accordance with Section 128

2-11 Section 2

SEC. 2

(1) (d) of the Act or which may be referred by the Director to Council for a decision in accordance with the procedure herein; (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" means a public roadway designed for the use of vehicular traffic or vehicular and pedestrian traffic;". (82) "subdivide" or "subdivision" means a division of a parcel of land by means of an agreement, plan of subdivision, plan of survey, or any instrument transferring or creating an estate or interest in part of the parcel, excluding a leasehold interest not exceeding three years;

(83) "terraced dwellings" means a block of three 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;

"(83A) 'three or more bedrooms: with reference to a dwelling unit, means a unit other than a bed-sitting room, one-bedroom or two-bedroom unit;" ( 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 techÂˇ nical trade;

(87) "two-family dwelling" means a building containing only two dwelling units but does not include a side-by-side duplex (two semidetached, one-family dwellings joined together by a party wall); "(87A) 'two-bedroom unit' means a dwelling unit containing only two bedrooms and, in the opinion of the Development Officer, not reasonably capable of being developed as a unit containing three or more bedrooms;" "(878) 'walk, private' means a way within a site designed for pedestrian traffic;

2-12 Section 2

SEC. 2

(87C) 'walkway' means a public roadway designed for use by pedestrian traffic; (87D) 'walkway system' means two or more walkways which, save for intersecting streets, are contiguous, but does not include a walkway which merely joins two streets and flanks the lots on each side;"

(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;

(90) "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.

3-1

PART II. Section 3

GENERAL OPERATIVE CLAUSES

SEC. 3

( 1) 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. (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 Director 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 of land or a building may be continued, but if that use is discontinued or changed, any future use shall conform to the provisions of this Bylaw. (d) A non-conforming use of part of a building may be extended throughout the building, but the building, whether or not it is a non-conforming building, shall not beÂˇ enlarged or added to and no structural alteration shall be made therein. (e) A non-conforming use of part of a parcel of land shall not be extended or transferred in whole or in part to any other part of the parcel and no additional building shall be erected upon the parcel while the non-conforming use continues. (f) The use of land or a building is not affected by reason only of a change of ownership, tenancy or occupancy of the land or building. ( 4) Utilities required before commencement. (a) The erection of a building on any site where it would otherwise be permitted under this Bylaw is prohibited when, in the opinion of the Development Officer, satisfactory arrangements have not been made by the developer for the supply to the building of water, electric power, sewerage and street access, or any of them, including payment of the costs of installing or constructing any such utility or facility by the developer. (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.

3-2 Section 3

SEC. 3

(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 anyÂˇ 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 and land acquired by the City by grant, purchase or expropriation shall not, folÂˇ lowing 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. (d) Where 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. (6) 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 lst, 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 Regional 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 Regional Plan adopted by the Edmonton Regional Planning Commission on January 8, 1958, or as the same may be amended or that conflicts with or is inconsistent with any Regional General Plan which may be adopted by the Edmonton Regional Planning Commission.

(9) Conversion of Approved Service Station Sites in 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 Commercial District shall require the prior approval of the Zoning Committee, which shall have due regard to the amenities of the district.

4-1 Section 4

PERMITTED DEVELOPMENTS

SEC. 4

( 1) 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 the 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 development 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 non-conforming 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 or enclosure, required for a purpose incidental to the enjoyment of the dwelling but not including a dwelling, or extension, an accessory building or extension, a swimming pool or a receiving or transmitting structure where such structure may in the opinion of the Di rector 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. (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

4-2 Section 4

SEC. 4

(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 construction of buildings. 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 granted, 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. (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. (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 or structures erected or located in connection with residential, commercial or industrial developments when approved by the Director and for such period of time as the Director deems appropriate.

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

4-3 SEC. 4

Section 4 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.

Column (a)

Column (b)

From:

To:

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.

(m) Developments and subdivisions excepted by the Act. Developments and subdivisions effected solely for the purposes of providing for (i) public roadways, highways, highway maintenance garages and sites, government weigh scales, or (ii) drainage ditches, irrigation ditches and irrigation canals, or (iii) wells or batteries within the meaning of The Oil and Gas Conservation Act, .or (iv) pipe lines within the meaning of The Pipe Line Act, 1958, or (v) rights of way for public utilities within the meaning of The Public Utilities Âˇ Board Act, or (vi) rights of way of railways, or (vii) any other thing that the Lieutenant Governor in Council may determine.

5-1 Section 5

SEC. 5

PROCEDURE RESPECTING APPLICATIONS TO DEVELOP AND DUTIES AND RESPONSIBILITIES OF THE DIRECTOR

( 1) Administrative responsibility. (a) The Director of Planning is hereby appointed Development Officer. (b) The Development Officer shall be responsible for the administration of this Bylaw. (c) Subject to Subsection (Ba) of this Section 5, the Development Officer is hereby authorized to receive, consider and decide on applications made under this Section 5. (d) The Development Officer may determine that a specific use of land or a building that is not provided for in a District Schedule in Appendix No. 1 to this Bylaw is similar in character and purpose to a Permitted or Special Use listed in the Schedule. (e) The Development Officer may exercise his powers and perform his duties under this Bylaw through such members of the Planning Department as he sees fit, provided that he exercises a general superintendence over all such persons and that all notices, forms, letters, documents and other acts are signed or done in his name or on his behalf. (2) Permission required for development. (a) Subject to Section 4 of this Bylaw, no person ( i) shall commence, nor cause or suffer to be commenced, a development without a development permit therefor issued under this Section 5, or (ii) shall carry on, nor cause or suffer to be carried on, a development without a subsisting development permit therefor issued under this Section 5, (b) Each application for a development permit shall be made to the Development Officer by the owner of the site or his agent and shall comply with the provisions of this Bylaw, particularly, Subsections (3), (4), (5), (6) and (6a) of this Section 5. (3) Plans and information required. (a) 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.

5-2 SEC. 5

Section 5

(iv)

A statement of ownership of land and interest of the applicant therein. (v) The estimated commencement date. (b) 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. ( 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 ~ inch 1 foot, or such lesser scale as the Director may approve, and shall be fullv dimensioned, accurately figured, explicit and complete.

( 4) Form of application. (a) ( i) The form to be completedÂˇ 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) (i) The form used shall be in quadruplicate. (ii) The first three copies shall be retained by the Development Officer, and the fourth shall be returned to the applicant.

( 5) 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, 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.

5-3 Section 5

SEC. 5

(b) The approval of any application, drawings, or the issuing of a permit, shall not prevent the Director 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 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. ( 6) Amending of Applications. If at any time it is desired to materially alter in any matter 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 be immediately forwarded in writing by the Director to the Development Appeal Board. (6A) Limit on frequency of applications. When an application is refused, either by the Development Officer or ultimately on appeal, another application on the same site and for the same or a similar use of land shall not be submitted by the same or any other applicant within six months from the date of refusal.

(7) Decisions on applications - general. (a) An application shall be deemed to be refused when a decision thereon is not made within forty days after the receipt of the application in its complete and final form by the Development Officer or the Municipal Planning Commission, as the case may be. (b) If an application does not comply with (i) the provisions of this Bylaw, or (ii) the decision of the Director under any discretionary power given him by this Bylaw, the Director shall refuse the application, giving notice in writing by ordinary mail to the applicant and stating the reasons for refusal.

5.4 Section 5

SEC. 5

( 8) Permitted Uses. (a) Subject to Subsection (8A) of this Section 5, if an application is for a use other than a Special Use and complies with ( i) the provisions of this Bylaw, and (ii) the decision of the Development Offficer under any dis· cretionary power given him by this Bylaw, the Officer shall approve the application unconditionally or subject to such conditions as he considers appropriate, per· manently or for a limited period of time. (8A) Municipal Planning Commission. If an application is for a development in a P-3 Residential District, the application shall be decided by the Municipal Planning Com· mission, and the provisions of Subsections (GA), (7) and (8) of this Section 5 apply mutatis mutandis. (9) Special Uses. If an application is for a Special Use and complies with (i) the provisions of this Bylaw, and (ii) the decision of the Officer under any discretionary power given him by this Bylaw, the Officer shall approve the application, either unconditionally or subject to such conditions as he considers appropriate, permanently or for a limited period of time, and shall mail by ordinary mail to the applicant, each assessed owner of the site or part of the site and each assessed owner of land wholly or partly within 200 feet of. the site, a notice describing the proposed development and stating his decision and the right of appeal therefrom. (9A) Development Permit. When a notice in writing is mailed by the Officer, the Secretary of the Municipal Planning Commission or the Secretary of the Develop· ment Appeal Board to the applicant stating (a) that the application has been approved by the Officer or the Municipal Planning Commission or, (b) if the decision of the Officer or the Commission is appealed to the Developme;it Appeal Board and the application, in the result, has been approved by the Board, such notice shall be deemed to be a development permit. (9B) Approved Applications. (a) When an application for a use other than a Special Use has been approved by the Officer or the Municipal Planning Com· mission and any conditions of approval, save those of a continu· ing nature, have been fulfilled, the Officer may issue a Building Permit pursuant to the provisions of the Edmonton Building Code being Bylaw 3084 and amendments thereto.

5-5 Section 5

SEC. 5

(b) When an application for a Special Use has been approved by the Officer or the Municipal Planning Commission and (i) any conditions of approval, save those of a continuing nature, have been fulfilled and (ii) no notice of appeal from such approval has been served on the Secretary of the Development Appeal Board within the time limited in Section 8 (lA) (a) of this Bylaw, the Officer may issue a Building Permit pursuant to the provisions the Edmonton Building Code being Bylaw 3084 and amendments thereto. (c) When an application has, in the result, been approved by the Development Appeal Board on appeal from the decision of the Officer or the Municipal Planning Commission and (i) any conditions of approval, save those of a continuing nature, have been fulfilled and (ii) the Board has adopted the minutes of its meeting at which the application, in the result, is approved and (iii) the Board has not been served with notice of an application for leave to appeal its decision under section 146 of the Act, the Officer may issue a Building Permit pursuant to the provisions of the Edmonton Building Code being Bylaw 3084 and amendments thereto. (d) If the Development Appeal Board is served with notice of an application for leave to appeal its decision under Section 146 of the Act, such notice shall operate to suspend the Development Permit. (e) The final determination of an appeal under section 146 of the Act shall operate to reinstate or revoke, as the case may be, a development permit suspended under clause (d) of this Subsection 9B).

( 1O) 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. ( 12) 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 that: (i) any work undertaken without a permit or after a permit has been suspended or revoked, or (ii) any prohibited use being made of land or of a building, be discontinued and be not resumed until a permit therefor has been issued or reinstated.

5-6 Section 5

SEC. 5

(c) Where theÂˇ erection, construction, enlargement, alteration, repair, removal or demolition of a building or any excavation or work is being carried out or any land or building is used otherwise than in accordance with this Bylaw, Council by written notice, either served personally upon or sent by registered mail to the owner of the property involved and to any contractor engaged in work, may require the removal, demolition or alteration of the building, the filling in of the excavation, or the cessation of the work or the use to which the land or building is being put, as the case may be. (d) The notice shall state: (i) The grounds upon which the removal, demolition, alteration, filling in, or cessation of work or use is required, and (ii) That the removal, demolition, or alteration of the building, the filling in of the excavation, or the cessation of the work or the use of the land or building, as the case may be, shall be carried out or effected within a reasonable period stated in the notice, which shall be not more than two months computed from the date of notice.

(13) Right of Entry. (a) 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 by-law, general plan or development scheme, or the carrying out of the provisions thereof. (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 fit. (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 order. (d) An order made by a magistrate continues in force until the purpose for which it was made has been fulfilled. ( 14) Lapse of permit. (a) Whenever a development has been approved and a permit has been issued, the permit shall lapse after ninety days unless work has commenced thereon.

5-7

Section 5

SEC. 5

(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 Director.

7-1 ARCHITECTURAL PANEL

Section 7

SEC. 7

( 1) 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 may approve, approve subject to conditions or refuse, stating reasons, any building, structure or sign in any district if in his opinion it is unsatisfactory by reason of design, character or appearance. (2) Composition. (a) Except as provided for in Subsection (2) (g) and (h) hereof, the Architectural Panel shall consist of eight members, five of whom should 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 Assistant (who shall not, however, be entitled to vote on a decision); The Director or his Assistant;

(b) The Alberta Association of Architects may nominate five memÂˇ bers as their proposed representatives on the Panel and when Council appoints these nominees or other nominees, only three 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 Development Officer or his Assistant, and either official may convene a meeting of the Panel as and when required. (f) Four members of the Panel at a meeting shall constitute a quorum, provided that at least two are members of the Alberta Association of Architects.

7-2 Section 7

SEC. 7

(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 hoe member of the Panel at a meeting at which a sign is to be considered by the Panel, and he shall have the privileges provided in Subsection (2) (h) hereof. (h) Whenever any application for development of a sign is to be considered by the Panel, the Development Officer 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. (3) Relationship of Architectural Panel to Development Appeal Board The Architectural Panel shall be advisory to the Development Appeal Board at the request of the Board or the applicant.

8-1 Section 8

DEVELOPMENT APPEAL BOARD

SEC. 8

( 1) Establishment.

A Development Appeal Board, in this Section 8 called "the Board", is hereby established.

( lA) Right of Appeal (a) A person claiming to be affected by a decision of the Development Officer or of the Municipal Planning Commission made under this Bylaw may appeal to the Board by serving written notice of appeal on the Board Secretary within fourteen days after notice of the decision is mailed to the appellant. (b) In the case of a deemed refusal under Section 5 (7) (a) of this Bylaw, the time limited for appeal shall run from the deemed date of refusal. ( 2) Membership. (a) The Board shall be composed of a Chairman and six other members appointed concurrently for three-year terms of office by resolution of the Council. ( b) A member of the Board shall not be dismissed except for cause. (c) The Board shall include at least one member of the Council but a majority of the Board shall be persons other than members of the Council. (d) The Board shall not include officials or servants of the Council or members of the Municipal Planning Commission. (e) The filling of a vacancy caused by the retirement or resignation of a member of the Board shall be made by resolution of the Council. ( 3) Administration. (a) The Board shall appoint a Vice-Chairman of the Board from the members appointed by the Council and the City Commissioners shall appoint a Secretary from the servants of the Council. (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. (d) The Chairman of the Board shall sign all notices of decision and other documents on behalf of the Board and relative to any jurisdiction or power of the Board, and any document which has been signed by the Chairman shall be deemed to have been signed on behalf of and with the approval of the Board. (e) In the case of the absence or disability of the Chairman, any document of the Board may be signed by any member and, when so signed, shall have the same effect as if signed by the Chairman.

8Âˇ2 Section 8

SEC. 8

( 4) Jurisdiction. (a) The Board shall hold a hearing within forty days from its receipt of the notice of appeal. (b) The Board shall ensure that reasonable notice of the hearing is given to the appellant and to each person who, in its opinion, may be affected. (c) The Board shall consider each appeal, having due regard to the circumstances and merits of the case, to the purpose, scope and intent of the General Plan, under preparation or adopted, and to this Bylaw. (d) When an appeal is being heard, the Board shall hear the Development Officer, provided that the Officer may, in his disÂˇ cretion, assign a member of his staff to be heard in his stead, make a written submission to the Board or not be heard at the hearing. (e) In determining an appeal, the Board (i) may confirm, reverse or vary the decision appealed from and impose such conditions or limitations as it considers proper and desirable in the circumstances, and (ii) shall render its decision in writing to the appellant within sixty days from the day on which the hearing is held. (f) A decision of the Board, subject only to an appeal under section 146 of the Act, is final and binding on all parties and is valid for a period of twelve months from the date of its issue. ( 6) Decision not a Precedent. Where the Board allows a relaxation of a provision of this Bylaw or of Section 125 of the Act, in respect of a particular appeal and with respect to a particular site, (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 regular meeting of Council.

(7) 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.

8-3

Section 8

SEC. 8

(9) Procedure. (a) The hearings of appeals before the Board shall be open to the public, provided that the Board may deliberate and reach its decision 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. Âˇ (e) The Board Secretary shall give notice by ordinary mail of each decision, stating the reasons therefor and the right of appeal therefrom, to the applicant, the appellant and each person, or his representative, who made a submission verbally or in writÂˇ ing to the Board. (f) All decisions of the Board may be examined by any person at any reasonable time. (g) An 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 fourteen days after the person desiring to appeal is given notice of decision. "(h) On the deposit of a Notice of Appeal, the appellant shall pay to the City, where the appellant is not the owner of the site or his agent, a fee in the sum of $15.00 and, where the appellant is the owner of the site or his agent, the fee shall be calculated on the cost, as estimated by the Development Officer, of the proposed development as follows:

(i)

Estimated cost

Fee

$10,000.00 or less $10,000.01 to $25,000.00 $25,000.01 to $50,000.00 $50,000.01 to $100,000.00 $100,000.01 to $500,000.00 $500,000.01 or more

$15.00 $25.00 $50.00 $150.00 $300.00 $500.00

After any Notice 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 the hearing of the appeal.

8-4

Section 8

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 inÂˇ advertence, 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.

(I)

Compliance with Subsection (9) (j) 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. (o) A separate register shall be kept by the Director of every decision of the Development Appeal Board, listing these uses and the locations thereof which have been declared to be uses similar to uses permitted by this Bylaw. (p) The Board Secretary shall make and keep the minutes of each meeting of the Board and, after adoption, shall transmit a copy of the minutes to the City Clerk for the Council.

9-1 Section 9

AMENDMENTS

SEC. 9

( 1) Application. Any person applying to have this Bylaw amended shall apply in writing to the Municipal Planning Commission, furnishing reasons in support of the application and requesting that the Commission submit the application to the Council. (2) Prior Consideration by Municipal Planning Commission. If a person applies to the Council in any manner for an amendment to this Bylaw, the Council shall require him to submit his application to the Municipal Planning Commission in accordance with the provisions of this Section before it considers the amendment proposed by such person. (3) Limit on frequency of application. Âˇ 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 Municipal Planning Commission for an amendment to this Bylaw for a purpose other than the clarification of an existing provision of this Bylaw shall (a) pay the City an application fee of $75.00, and (b) undertake in writing on a form provided by the Municipal Planning Commission, 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. ( 5) 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, or 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. ( 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) Investigation by Director Upon receipt of an application to. amend the Zoning Bylaw the Director shall:

9-2

Section 9

SEC. 9 (a)

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 Municipal Planning Commission on the proposed amendment, and (c) submit a copy of the report, maps and all material . relevant thereto to the Municipal Planning Commission.

(8) Preliminary examination. The Municipal Planning Commission shall {a) examine the proposed amendment for content, and (b) advise the applicant that (i) (ii) (iii) (iv)

it is prepared to recommend the amendment to the Council without further investigations or it is not prepared to recommend the amendment or it may recommend the amendment after due investigation into the matter or it is prepared to recommend an alternative amendment either at once or after due investigation.

(9) Procedure by applicant. Upon receiving the preliminary advice of the Municipal Planning Commission, the applicant shall advise the Commission if (a)

He wishes the Commission to proceed with the amendment submitted by him or an alternative amendment proposed by the Municipal Planning Commission, in which case he must prepay the advertising costs referred to in subsections 4 and 6, prior to the amendment proceeding to City Council, or

(b) he wishes to withdraw his application for an amendment. (c) Notwithstanding the provisions of Subsection ( 1) or Subsection (8) (a) hereof, the Municipal Planning Commission 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). (10) Decision by Council. As soon as reasonably convenient, the Municipal Planning Commission 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 Municipal Planning ComÂˇ mission and the report of the Director and other relevant material, if any, and the Council shall then consider the proposed amendment.

9-3

Section 9

SEC. 9

( 11) Proposed. amendments may originate from Municipal Planning Commission. Municipal Planning Commission may at any time on its own motion, present for theÂˇ consideration of Council any proposed amendment to this Bylaw, and the proposed amendment shall be accompanied by the report and recommendation of the Municipal Planning Commission 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 Municipal Planning Commission and to the Director for their reports and recommendations. (13) Preliminary Regional 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 Regional Plan adopted by the Edmonton Regional Planning Commission on January 8th, 1958, or as the same may be amended or that conflicts with or is inconsistent with any Regional Plan which may be adopted by the Edmonton Regional Planning Commission. (b) If it appears to the Municipal Planning Commission considering an application for amendment that such proposed amendment is at variance with or in contravention of the Preliminary Regional Plan or conflicts with or is inconsistent with any Regional Plan, both as referred to in the foregoing clause (a) of this subsection (13), the Municipal Planning Commission shall advise the applicant that before the proposed amendment can be considered by the Council the applicant must cause the said Preliminary Regional Plan or Regional 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 Regional Plan or be in conflict with or inconsistent with any such Regional 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 Municipal Planning Commission.

10-1

Section 10

ENFORCEMENT

SEC. 10

( 1 ) Offences. (a) Any owner, lessee, tenant or occupant of land, or a building or structure thereon, who, with respect to such land, building or structure, (i) contravenes, or (ii) causes, suffers or permits a contravention of, any provision of this Bylaw, commits an offence. (b) Any contractor, workman or other person who constructs a building or structure or makes an addition or alteration thereto, (i) for which a development permit is required but has not been issued or is not subsisting under this Bylaw, or (ii) in contravention of a condition of a development permit issued under this Bylaw, commits an offence.

(2) Penalty. Any person who commits an offence under Subsection ( 1) of this Section 10 is, upon summary conviction liable to a fine of not less than one hunderd dollars and not more than five hundred dollars, exclusive of costs, and, in case of non-payment of the fine and costs imposed, to imprisonment for a period not exceeding six months, unless the fine and costs, including the costs of commital, are sooner paid.

Note: the above offences and penalty are supplementary to section 139 of the Act, under which any person who commences a development and fails or neglects to (a) obtain a development permit or (b) comply with a condition of a permit, is guilty of an offence, and a penalty is provided. A conviction is not a bar to a further prosecution and notification of the contravention may be filed in the Land Titles Office. (3) Investigation of Complaints.

If a suspected contravention of any provision of this Bylaw is reported in writing to the Officer, he shall investigate and advise the complainant of the action taken, if any.

11-1

PART Ill. Section 11 ( 1)

ZONING DISTRICTS

SEC. 11

Designation of Districts. For the purposes of this Bylaw, all land shown on the Zoning Map, being Appendix No. 2, shall be divided into districts having the following designations: Section Reference

A AG-UR AG-U AG AR AS AP RRA RRB RRC R-1 RC-1 R-2 R-2A R-3 R-3A R-4 R-5 R-6 R-7 C-1 C-2 C-2A C-3 C-7 M-1 M-2 M-3 P-1 P-2 MA P-3

Metropolitan Recreational District Agricultural Urban Reserve District Agricultural General Urban District Agricultural District Country Residence District Agricultural Small-Holding District Public Parks District Restricted Residential District Restricted Residential District Restricted Residential District Residential District Residential Conversion District Residential District Residential District Residential District Medium Density Suburban Residential District General Residential District Medium Density Residential District High Density Residential District Residential and Special Purpose Office District Commercial District Commercial District Commerical District General Commercial District (Restricted) Tourist Commercial District Industrial District Industrial District Industrial District Public Service District Private Service District Municipal Airport District Residential District

16 16-A 16-B 16-C 16-D 16-E 17 18 19

20 21 21-A

23 24 24-A 24-B 24-C 24-D 24-E

25 26 26-A 26-B

27 28 29

30 31

32 33 34

(2) Shortened Designation.

Throughout 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.

11-2 Section 11

SEC. 11

( 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 boundary of any district as shown on the Zoning Map, the location shall be determined by the application of the following rules: (a) where a district boundary is shown as approximately following the centre of streets, lanes or other public thoroughfares, it shall be deemed to follow the centre line thereof; ( 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 right-of-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 shorelines 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 specifiÂˇ cally 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 Municipal Planning Commission shall interprete the district boundaries, and such decision may be appealed to Council.

12-1 Section 12

GENERAL REGULATIONS

SEC. 12

( 1) Subdivision of Land.

(a) This Subsection (1) does not apply to any subdivision effected solely for any of the purposes set forth in Section 4 (m) of this Bylaw. (aa) No person shall subdivide land to be used for residential purposes into lots of less size than: (i) 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; (ii) 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; (iii) a mean width of sixty feet and an area of sixty-five hundred square feet if the land is located in an RRC Restricted Residential District; (iv) 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; (v) 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; (vi) a mean width of fifty feet and an area of seven thousand square feet if the land is located in an RÂˇ2A Residential District; (vii) 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. (aaa) No person shall sub-divide land in an AG Agricultural District to be used for agricultural or other uses permitted, or permitted subject to special approval of the Council, into sites of less than twenty (20) acres except as otherwise provided in Section 16C (3). (ab) No person shall subdivide land in an AG-UR Agricultural Urban Reserve District unless, in the opinion of the Municipal Planning Commission, the subdivision will not prejudice the future economical subdivision or servicing of the land on a neighbourhood or community basis. (b) Notwithstanding any of the provisions of Clauses (a), (aa) and (ab) of this Subsection, where it is proposed to subdivide land by providing a separate lot for each semi-detached, one-family dwelling, each such lot shall have a mean width of not less than 30 feet and an area of not less than 4,000 square feet, provided that, if such lot was created by a subdivision or under a replotting scheme approved on or before the 22nd day of . March, 1967, such lot shall have a mean width of not less than 20 feet and an area of not less than 3,500 square feet.

12-2 Section 12

SEC. 12

(ba) Notwithstanding any of the provisions of Clauses (a), (aa) and (ab) of this Subsection, where it is proposed to subdivide land by providing a separate lot for each dwelling unit in terraced dwellings, each such lot shall have a mean width of not less than 20 feet and an area of not less than (i) 2,500 square feet for an interior lot, (ii) 3,500 square feet for a corner lot. (c) Where, in this Bylaw, there is prescribed the minimum 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. (d) Notwithstanding the provisions of Subsection (1) (c) hereof, if a site (i) has a mean depth of not less than one hundred feet and a mean width of not less than thirty-three feet, and was registered in the Land Titles Office prior to the day on which this Bylaw comes into effect, or (ii) is registered after this Bylaw becomes effective in accordance with the Subdivision 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) 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 (ii) is registered after this Bylaw becomes effective in accordÂˇ ance with the Subdivision and Transfer Regulations, a person may erect on the site a two-family dwelling if 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, Âˇsills, 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 for required yards less than 5 feet, unless otherwise approved by the Director.

12Âˇ3 Section 12

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 1Nall 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. (d) Any loading space required under the provisions of this Bylaw constructed and maintained within any required yard. (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 Zoning Director. (f) Swimming pools, fish ponds, ornaments, flagpoles, permitted signs or the like provided that swimming pools shall not be constructed within any required front yard.

( 4) Objects Prohibited or Restricted in Yards. No person shall keep in any part of the yard in any residential district: (a) a commercial vehicle loaded or unloaded of a maximum weight in excess of 9,000 pounds; or (b) more than one commercial 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 )Âˇ 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 adversely affect the amenities of the district. (5) Public Utility Buildings. Notwithstanding any other prov1s1on of this Bylaw, when a gas, electricity, waterworks or sewerage pumping, regulating, transformer or storage building or equipment is erected in a district in which such building or equipment is allowed, on a 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 visibility approaching highway intersections as imposed or required by the Edmonton Traffic Bylaw as amended.

12Âˇ4 Section 12

SEC. 12

(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 (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 its 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. ( 8) 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. (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. (iii) 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 (8) 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.

12-5 Section 12

SEC. 12

( b) Residential Districts. (i) An accessory building erected on a site in a residential district shall not be used as a dwelling. (ii) Where a site is located in a residential district the following regulations shall apply to accessory buildings: (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 12 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. (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) Where the vehicle doors of a detached garage face a lane abutting the site, the distance between the garage and the lane shall be not less than 16 feet, provided that, if the principal buildingÂˇ on the site was constructed before the coming into force of this Bylaw, the distance shall be such as, in the opinion of the Director, is consistent with the location of other garages in the same block. ( D) Location on a Corner Site. On a corner site, in addition to the prov1s1ons of clause (b) of this subsection (10), the distance between an accessory building and the street flanking the site shall be not less than the side yard required under this Bylaw for the principal building, provided that, where the vehicle doors of a garage face the flanking street, the distance between the garage and the flanking street shall be not less than 15 feet, and further provided that, if the principal

12-6 Section 12

SEC. 12

building on the site was constructed before the coming into force of this Bylaw, the distance between the accessory building and the flanking street shall be such as, in the opinion of the Director, is consistent with the location of other accessory buildings in the same block. (c) 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 nonresidential 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. ( 11) 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: (a) Use of Building or Site ( i) Retail Store, industry or warehouse or similar use

(ii) Office Building, place of public assembly, hospita I, convalescent home, institution, club or lodge, public utility, school or for any other similar Âľse

Total Gross Floor Area of Building Less than 5,000 sq. ft.

Spaces Required 1

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

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

1 additional

Up to 30,000 sq. ft.

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

1 additional

12-7 Section 12

SEC. 12 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 causes interference with traffic on the adjoin路 ing 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 and unloading space shall be of adequate size and with adequate access thereto, both to the satisfaction of the Director, to accommodate the types of 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) Every off-street loading and unloading space provided or required in any 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 hard路 surfaced. (ii) Where hardsurfacing is provided or required, such shall mean the provision of a durable, dust-free, hardsurfaced constructed of concrete, asphalt or similar pavement, and the same shall be drained, developed and maintained to the satisfaction of the City Engineer and the City Architect. (iii) Notwithstanding anything in this Subsection ( 11) (e) contained, if the street or lane from which access is avail路 able 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 hard路 surface 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.

12-8 Section 12

SEC. 12

(f) 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 considered as providing rnquire_d 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. ( b) Size of Spaces and Aisles. (i) Each required off-street parking space shall be a minimum of 8 feet, 6 inches in width, and a minimum of 18 feet in length, exclusive of access drives or aisles, ramps, columns, or office work areas. Such space shall have a vertical clearance of at least 6 feet, 6 inches, and shall be measured at right-angles to the axis of the vehicle. For parallel parking, the length of the parking spaces shall be increased to 24 feet except end spaces which shall be a minimum length of 18 feet. Where parking is directly off the lane, the lane shall be considered part of the aisle and in such cases the combined width of the aisle and parking spaces shall be a minimum of 42 feet. (ii) Aisles shall be a minimum of 24 feet wide for 90 degree parking; 18 feet wide for 60 degree parking; 12 feet wide for 45 degree and parallel parking. ( c) 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.

12-9 Section 12

SEC. 12

( 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 Director. (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 Director. 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.

( 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 Director. (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 Director.

( 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 off-street 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 frontyard for the district within which the site is located. Where a parking area is located in 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 resiÂˇ dential building, it shall be no closer than 5 feet from such building.

12Âˇ10 Section 12

SEC. 12

( c) Hardsurfacing and Curbing of Off-Street 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. (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 of 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, asphalt 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. (viii) Notwithstanding anything contained in this Subsection (13) (c), where hardsurfacing has been provided on a

12-11 SEC. 12

Section 12

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 City Engineer approves. ( d) 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) General Requirements. (i) Where 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 pursuant to Section 143 of the 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.

(14) 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 anyÂˇdevelopment in any district defined in this Bylaw, in accordance with the following standards: 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. Business, administrative and professional offices 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.

12-12 Section 12

SEC. 12

Use of Building or Site

Minimum number of Parking or Garage Spaces Required

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.

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 two employees. If a Senior High School includes an auditorium, gymnasium of 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 auditorium requirements where applicable.

"Hospitals and similar uses. Hospitals, sanatoriums, convalescent homes or similar uses.

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

Homes far the aged (individual unit projects).

1 per 4 units or such ratio or number as the Municipal Planning Commission may approve.

Homes for the aged (lodge-type accommodation)

1 per 1,000 sq. ft. of gross floor area or such ratio as the Municipal Planning Commission may approve.".

12-13 Section 12

SEC. 12

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

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

( 15) General Provisions in Respect of Restricted Residential Districts. 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: (a) Site Plan. A site plan shall be provided giving the following information: ( i) Front, side and rear yard distances. (ii) The outline of the roof overhang. (iii) North point. (iv) The location of the principal building, any proposed garage and accessory buildings, fences, driveways and paved areas. (v) The location of the site in relation to abutting streets, avenues and lanes. (vi) The legal description of the property. (vii) The indication on the site plan of the minimum building lines in respect to front, side and rear yards. ( b) Floor and Foundation Plans. Floor and foundation plans shall be provided, giving the following information: (i) All outside dimensions. (ii) Any proposed fireplaces and chimneys shall be indicated and their type noted. (iii) The proposed use of each room shall be indicated on the floor plans.

( c) Elevations. Elevation Plans shall be provided, giving the following information: (i) All external elevations to the building, including accessory buildings. (ii) The materials of all external wall finishes and roofing shall be indicated. (iii) All projections within the minimum yard requirements shall be indicated and dimensioned. (iv) 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.

12-14 SEC. 12

Section 12

(v) 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. ( 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. (16) Underground Gas Service Lines.

A Zoning Certificate shall not be issued for any building or structure proposed to be erected over or above an existing underground gas piping or gas service line unless the Director has been advised in writing by Northwestern Utilities, Limited, or other operator of such public utility that arrangements satisfactory to such operator have been made for the relocation of such piping or service line. ( 17) Public Schools. (a) Site Coverage. For the purpose of calculating the site coverage of a public school whose site immediately abuts land owned in common by the City and either the Edmonton Public School Board or the Edmonton Separate School Board, the site shall be deemed to include such portion of such land as is in proportion to the school board's interest therein. ( 18) Walkway-serviced subdivisions (a) Application This subsection ( 18) applies to any subdivision wholly or partly containing a walkway system and, where a provision of this subsection is inconsistent with any other provision of this Bylaw, the former provision shall prevail. (b) --------

Comprehensive siting plan Upon the registration of the subdivision plan and the designation of any block of land therein as wholly or partly R-1 Residential District or R-2 Residential District on Appendix No. 2 to this Bylaw, there shall be filed with, and approved by, the Development Officer a comprehensive siting plan for each such block showing generally as to each lot so designated, ( i)

the proposed location, type and orientation of the principal building,

12-15 Section 12

SEC. 12 (ii) (iii)

the proposed location of a private garage, the proposed location and type of open space.

( 19) Walkway-serviced sites (a) Application This Subsection ( 19) applies to any site immediately abutting a walkway system and designated on Appendix No. 2 to this Bylaw as R-1 Residential District or R-2 Residential District and, where a provision of this subsection is inconsistent with any other provision of this Bylaw, the former provision shall prevail. (b)

(c)

Setbacks (i) Each building shall not be less than 25 feet from a walkway, provided that, where two or more walkways immediately abut a site, each accessory building shall be not less than 3 feet fro"m a flanking walkway. (ii)

The side yard on each side of the principal building shall be not less than 4 feet and both such side yards shall aggregate not less than 20% of the width of the site.

(iii)

The side yard on each side of a private garage shall be not less than 3 feet.

(iv)

The principal building and each accessory building shall be not less than 15 feet from a street.

Fences (i)

(d)

No fence or wall shall be erected in or along a yard immediately abutting a walkway, provided that, where two or more walkways immediately abut a site, fences or walls may be erected in or along a yard immediately abutting a flanking walkway .

.(ii) a fence or wall shall not exceed 6 feet in height. Site plans

A site plan accompanying an application under Section 5(3)(a)(i) of this Bylaw shall show ( i)

the proposed location, type and orientation of the principal building.

(ii)

the proposed location of a private garage with such access between the garage and the street as is satisfactory to the Development Officer, and

(iii)

the proposed location and type of open space, and, in so far as reasonably practicable, shall conform with the

12-16 Section 12

SEC. 12 comprehensive siting plan approved under Subsection ( 18) of this Section 12.

(20) Walkway-serviced multiple housing (a)

Application. This Subsection (20) applies to any development consisting of two or more principal buildings on a site (i) (ii)

immediately abutting a walkway system and designated on Appendix No. 2 to this By law as R-2A Residential District or R-3 Residential District

and, where a provision of this subsection is inconsistent with any other provision of this Bylaw, the former provision shall prevail. (b)

Site plans. A site plan accompanying an application under Section 5(3)(a)(i) of this Bylaw shall show, to the satisfaction of the Development Officer ( i) (ii)

the location of all private walks and the linkage between such walks and the walkway system.".

(21) Property Identification Signs (a) Locations In all new suqurban areas on sites zoned for: (i)

(ii)

Residential development of densities of R-2A or higher (including the R-2A, R-3, R-3A, R-5 and P-3 zones), and Commerical development in the C-1 and C-2 zones,

the owner of such site, or sites, at the time of approval and application of detailed zoning to the site, shall erect a public information sign, or signs. Such sign, or signs, shall be erected atÂˇ a prominent location on the site and maintained in a reasonable and legible condition until such time as the site is fully developed. (b)

Dimensions.

(c)

Such signs as erected shall be of a maximum height above ground of six feet with a maximum area of 32 square feet. Information Such signs as erected shall contain the following information, where available: ( i)

The name of the site owner and/or the developer,

(ii)

The type of project proposed together with, if possible,

12-17 Section 12

SEC. 12

an estimate of the number of residential units proposed and the height of the proposed structures, (iii) (iv)

(v) ( d)

The estimated date of commencement of the project, The boundaries of the site, the acreage of the site and a representation of adjacent streets and avenues so that quick orientation is made possible to the reader of the sign, and The legal description of the parcel.

Amendments The owner of the site shall be solely responsible for amending the sign if zoning or subdivision changes are caused.

13-1 Section 13

SPECIAL PROVISIONS

SEC. 13

( 1) 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 DriveÂˇln Business, where permitted under this Bylaw, shall comply with the following special proÂˇ visions: (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. ( b) Site Area and Coverage. In the case of establishments where the customer normally remains in the 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. 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. ( 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.

13·2 Section 13

SEC. 13

(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 sidewalks or boulevards may be constructed on an angle with the curb line, but the angle subtended between the curb and the edge of drive· way shall in no case be less than 30° 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 the 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. 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 building or structure on a site shall be not 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. (I) 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 im· provements 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.

13-3 Section 13

SEC. 13 (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 ( B) that operators of motor vehicles enter and leave the site only at the entrances and exits provided for such purposes and not elsewhere. (iv) 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.

(2A) Car Washing Establishments. A person applying to develop a car washing establishment under this Bylaw shall comply with the following special provisions: (a) Site Location. Such site shall be located. (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 located at an intersection, the site and access to it must be at the entrance of the intersection i.e. on the right hand side of the street before entering an intersection so that ingress and egress will not create congestion of the intersection. (ii) As part of a shopping centre if the Director is satisfied that the development will adversely affect neither adjoining land uses nor the functioning of the shopping centre in relation to traffic circulation around streets adjacent to the shopping centre. The Director must be satisfied that no interference with bus stops will be caused by traffic entering or leaving the site. (b) Site area. The minimum site area shall be 15,000 sq. ft. containing storage space prior to entry of vehicles into any part of the cleaning process for not less than 24 cars. ( c) Maintenance of Site. The owner, tenant, operator or person in charge of a car washing establishment shall at all times: (i) Maintain the site and the buildings, structures and imÂˇ provements thereon in a clean, neat, tidy and attractive condition and free from all rubbish and debris.

13-4 Section 13

SEC. 13

(ii) 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 ( B) that operators of motor vehicles enter and leave the site only at the entrances and exits provided for such purposes and not elsewhere. (iii) Maintain around the boundaries of the site an appropriate fence of not less than 30 inches in height. (3) 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: (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, or (ii) Adjacent to a rotary or traffic circle or traffic interchange, (iii) Part of a Shopping Centre. ( b) 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 Director. (d) 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.

,. ~

13-5 Section 13

( e) (f)

(g)

( h)

( i)

(j)

(k)

SEC. 13 (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. 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 60° However, when angular crossings over sidewalks are built, excessive slopes or crossfalls shall be avoided for the protection of pedestrians. 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. 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. Drainage of Site. A sufficient number of catch basins to drain the site shall be provided to the satisfaction of the City Engineer. 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. 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:

13Âˇ6 SEC. 13

Section 13

(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), or of any business or activity which is obnoxious or offensive, or which may constitute a nuisance or an annoyance to perÂˇ sons 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. (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 landÂˇ scaped the site to the satisfaction of the Director. (4) Motels. A motel shall be subject to all relevant provisions of the Zoning District in which it is located, provided that a motel in any district shall have a minimum front yard of twenty (20) feet and from the wall of a motel cpntaining windows for habitable rooms the yard requirements of the City Building Code shall apply. (5) Terraced Dwellings and Semi-detached One-Family Dwellings. A person applying to develop a site for Terraced Dwellings or Semidetached 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, whether 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

13-7 Section 13

SEC. 13 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 site area shall be not less than 4,000 square feet for each semi-detached, one-family dwelling, 3,500 square feet for each end terraced dwelling, and 2,500 square feet for each interior terraced dwelling, provided that, if the site for a semi-detached, one-family dwelling was created by a subdivision or under a replotting scheme approved on or before the 22nd day of March, 1967, the site area shall not be less than 3,500 square feet. (ii) The maximum net density 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. (iv) the maximum site coverage of a dwelling unit excluding any accessory building shall not exceed 28 % , 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. (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 minimum 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; (8) 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 shall be required adjacent to a utility lot; (E) In the case of a semi-detached one-family dwelling

13-8 Section 13

SEC. 13 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. (ix) 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.

( 6) 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 addiÂˇ tional 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 ConstructionPoured 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( From ground level to ceiling of main floor). Stone, brick, metal panels, or masonry with permanent glazed finish. (iii) Party or Dividing WallsMasonry, required to project beyond the front and rear faces of the dwelling units to define each dwelling unit. (iv) RoofsThe 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 SashAll exterior surfaces to be metal or metal covered wood. (vi) All Exterior Metal WorkNon-ferrous material.

13-9

Section 13

SEC. 13

(b) 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 Director. ( c) Basements.

Unless otherwise approved by the Director 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. ( e) Diversity of Appearance. Where it is proposed to develop in a row more than four semidetached, one-family dwellings, that is to say, more than two side-byÂˇside duplexes, the Director shall require such design and use of materials as, in his opinion, will ensure diversity of appearance.

14-1

PART IV. Section 14

PREVIOUS BYLAWS

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 DevelopÂˇ ment 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 ArchiÂˇ tectural 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 Housing Project Bylaw and Bylaw No. 1591 being an amendment thereto. Bylaw No. 1622, Drive-in Businesses.

15-1 Section 15

SEC. 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.O. 1961. "ELMER E. ROPER" MAYOR "G. S. DOCHERTY" CITY CLERK

16-1

PART V. APPENDICES

Section 16 NO. 1 A -

SEC. 16

DISTRICT SCHEDULES

METROPOLITAN RECREATIONAL 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 A Metropolitan Recreational 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 loccation. When individual letters are used the maximum permissible area shall be at the discretion of the Director. (2) The Following Regulations Apply to Every Development in All A -

Metropolitan Recreational Districts.

(a) Height. The maximum height of buildings shall not exceed 35 feet, unless otherwise approved by the Director.

16-2 Section 16

SEC. 16

(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 25 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 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 Municipal Planning Commission. A. City Lands. (i) 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 Municipal Planning Commission. (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 Municipal Planning Commission may impose when deemed consistent with the Park character of the district. (iv) Uses. (a) Arboreta (b) Archery Ranges (c) Athletic Fields ( d) Bandshells (e) Boating Facilities (f) Botanical Gardens (g) Bowling Greens (h) Camp Sites (i) Carnivals or Fairs sponsored by a non-profit community organization for periods not in excess of 7 days. (j) Directional Signs (k) Establishmen of Historical Sites and Markers (I) Golf Courses, including golf driving ranges (m) Horticultural Nurseries and Greenhouses (n) Ice Hockey, Roller Skating Rinks and Municipally operated Curling Rinks (o) Identification Signs exceeding 35 sq. ft. in area (p) Indoor Rifle and Pistol Ranges

16-3 SEC. 16

Section 16

(q) Picnic Centres ( r) Playgrounds (s) Public disposal grounds when they are intended for reclamation purposes but subject to the prior approval of the Edmonton Regional Planning Commission. (t} Public utility buildings and installations, police stations and fire stations and municipally operated recreation buildings, where the location in this district is desired by the Municipal Planning Commission. Where adjoining municipalities may be affected, the proposal shall be referred to the Edmonton Regional Planning Commission for its opinion prior to the issuing of a permit. (u) Riding Stables and Trails (v) Sand and Gravel Pits, subject to the workings, after extraction, being returned to a condition acceptable to the Municipal Planning Commission. (w) Ski jumps, toboggan slides and sled runs (x) Speed and Figure Skating Facilities. (y) Swimming and wading pools (z) Tennis Courts (aa) Tot-lots (bb) Zoological Gardens and Aquaria (cc) Any other uses consistent with the general purposes of Metropolitan Recreational District, namely the A 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 districts, and in the case of 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 provisions 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 by the Municipal Planning Commission. (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 Municipal Planning Commission may impose when deemed consistant with the general purpose of the district.

(iii) Uses. (a) Arboreta (b) Archery Ranges

16Âˇ4

Section 16

SEC. 16 (c) (d) (e) (f) (g) (h) (i) (j) (k)

(I) (m) (n) (o) (p) ( q) (r) (s) (t)

(u) (v) (w) (x) (y) (z) (aa) (bb) (cc)

(dd)

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 , 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 Skating Rinks and Curling Rinks Identification Signs exceeding 35 sq. ft. in area or 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 Municipal Planning Commission. 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 - Metropolitan Recreation 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.

16-5 Section 16

SEC. 16

( 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 Municipal Planning Commission as are consistent with the uses permissible in this district and such relaxation of the area requirements may be made by the Municipal Planning Commission 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 permits the Municipal Planning Commission may impose conditions as it deems advisable.

16-A-1 Section 16-A

SEC. 16-A

AG-UR AGRICULTURAL URBAN RESERVE DISTRICT (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. (b) Public Parks. (c) Buildings and Uses accessory to the above uses. (d) Permitted Signs, in accordance with the provisions of the AÂˇ Metropolitan Recreational District. (e) Directional Signs, may be permitted at the discretion of the Director. (2) 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 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 (b) the existing uses and prospective uses of land in the vicinity; and (c) the Regulations governing AG - Agricutural Districts. (3) Uses Which May be Permitted Subject to the Special Approval of the Municipal Planning Commission. Âˇ 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 Municipal Planning Commission to be not prejudical 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 Municipal Planning Commission may impose. The Municipal Planning Commission shall be satisfied that, prior to the granting of permits, the proposed use of building 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 Municipal Planning Commission shall pay due regard to the general purpose of this district as defined in Sub-section (2) (a) of this Section.

16·8·1 Section 16-B

SEC.16-B

AG-U AGRICULTURAL GENERAL URBAN DISTRICT ( 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-U Agricultural General Urban District, permits will be issued only for the following uses: (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. (aa) Day nurseries, kindergartens, nursery schools and play schools. (b) Public Parks. (c) Municipal and Public Utility Development. (d) Buildings and Uses accessory to the above uses. (e) Permitted Signs, in accordance with the provisions of A·Metro· politan Recreational District. (2) Regulations. Regulations for every development in all AG-U Agricultural General Urban Districts, except those approved under Sub-section (3) of this Section, shall be in accordance with the following: (a) Height. The maximum height of buildings shall not exceed 35 feet unless otherwise approved by the Director. (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 ft., 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 Director. 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 sub· division approved by City Council. Such replotting plan or plan of subdivision shall 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.

16-C-1 Section 16-C

AG-AGRICULTURAL DISTRICT

SEC.16-C

(1) Uses. Subject to all other prov1s1ons of this Bylaw, on any site, in any district defined, designated, or described in this Bylaw as a AG Agricultural District, permits will be issued only for the following uses: (a) Farming, provided however, that sites for hog ranches or the breeding and raising of fur-bearing animals shall not be located at less that 500 feet from the nearest residential district. ( b) Public Parks. (c) Permitted Signs, as for A-Metropolitan Recreational District. (cc) Directional signs when approved by the Director. (d) Buildings and Uses Accessory to the above uses. (2) 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 Subsection (3) (f) and (4) of this Section. (b) Height. The maximum height of buildings shall not exceed 35 feet unless otherwise approved by the Di rector. (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 ft., 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 Municipal Planning Commission. Notwithstanding the provisions of the Subsection ( 1) of this Section, permits may be issued for the following uses, subject to such uses first being approved by the Municipal Planning Commission. 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 Municipal Planning Commission may impose: (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 approval of the Edmonton Regional Planning Commission.

16-C-2 Section 16-C

SEC. 16-C

(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 approval of the Edmonton Regional Planning Commission. (g) Buildings and uses accessory to the above uses. In considering proposed uses the Municipal Planning Commission 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 agriÂˇ cultural 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 Municipal Planning Commission as are consistent with the uses permissible in this district and such relaxation of the area requirements may be made by the Municipal Planning Commission as are to the greatest extent possible consistent with the general purpose of this district, and when granting such permits the Municipal Planning Commission may impose conditions as it deems advisable.

16-D-1 Section 16-D

AR 路 COUNTRY RESIDENCE DISTRICT

SEC. 16-D

(1) Uses. Subject to all other provrsrons 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路 (a) Country Residences. (b) Such recreational and educational uses which are related to Country Residence Development. (d) Such permitted signs, as are permitted in RRA Restricted Residential Districts, and directional signs subject to the approval of the Director. (e) Municipal and public utility developments required primarily to service the Country Residence District. (f) Public Parks. (ff) Buildings and uses accessory to the above uses. (2) The Following Regulations Apply to Every Development in All AR Country Residence Districts. (a) 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 corformance with the requirements of the Department of Public Health of the Province of Alberta, and the requirements of the Director, as the approving authority under the Subdivision and Transfer Regulations. ( c) Height of Buildings, etc. Height of buildings, floor area and yard requirements shall con路 form to the regulations governing RRA Restricted Residential Districts. 路 ( d) Site Coverage. The maximum area of land which may be built upon shall be 15% of the site area.

16-E-1 Section 16-E

SEC. 16-E

AS Âˇ AGRICULTURAL SMALL-HOLDING DISTRICT (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 AS - Agricultural Small-Holding District, permits will be issued only for the following types of small holding uses: (a) One-family dwellings, 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-Metropolitan Recreational District. (f) Directional signs, at the discretion of the Director. (g) Municipal and Public Utility Developments. (2) The Following Regulations Apply to Every Development in All AS Âˇ 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 Director, 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 Director. (d) 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.

17-1 Section 17

AP Âˇ PUBLIC PARKS DISTRICT

SEC. 17

"Public Park" means an area of public land specifically defined or set aside for the 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. Unless otherwise determined by Council, land used or intended for recreation shall be municipally 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.

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 APPUBLIC PARKS DISTRICT, only the uses consistent with the definition of a Public Park are permitted and including the following uses: (A) Archery Ranges. ( B) Bandshells. (C) Carnivals or Fairs sponsored by a non-profit community organization for periods not in excess of 7 days. (D) Cemeteries, Crematoria and Mausoleums. (E) Community League Buildings. ( F) Permitted Signs, if the following limitations are observed: (a) 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 if the framework, size and design of the sign are considered by the Director to be suitable for the location.

(G) Indoor Rifle or Pistol Ranges. (H) Major Public Athletic Stadia.

(I) Planetaria. (J) Public operated Camp Sites.

(K) Restaurants and Refreshment Booths. (L) Riding Stables and Trails.

17-2 SEC. 17

Section 17

( M) Roller and Ice Hockey Rinks and Municipally operated Curling Rinks. (N) Swimming and Wading Pools. (0) Zoological Gardens and Aquaria. (P) Any other uses listed in the A-METROPOLITAN RECREATIONAL DISTRICT which are or may be permitted on City lands and only if consistent with the general purpose of this district.

(Q) Buildings or uses accessory to the above uses. (2) 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 Director. (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 25 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 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.

18-1

Section 18

RRA 路 RESTRICTED RESIDENTIAL DISTRICT

SEC. 18

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 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 adver路 tising 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 iden路 tification sign not exceeding 2 square feet.

(2) 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 21/2 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 1V2 路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 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 not be less than 1400 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.

18-2 Section 18

SEC. 18

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 25 feet nor require a set-back exceeding 45 feet. (d) 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 minimum side yard on the lane side shall be 15 per cent of the width of the site, provided the maximum width of such side yard need not exceed 10 feet. (iv) 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. (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. (e) 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 (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. Accessory buildings or structures exceeding 6 feet in height in such minimum rear yards shall require the prior approval of the Director. (f) Site Coverage.

The maximum area of land which may be built upon shall be 30 per cent of the site area.

18-3 Section 18

SEC. 18

"(3) Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board. In addition to the Permitted Uses in Subsection ( 1) of this Section 18, subject to compliance with all other provisions of this Bylaw, and subject in all cases to the right of appeal to the Development Appeal Board, permits may be issued for the following Special Uses: (a)

Day nurseries, kindergartens, nursery schools and play schools.".

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: (a) One-family dwellings. (b) Public parks and public schools. (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 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. (e) Directional signs subject to the approval of the Director.

(2) 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 2112 storeys. ( b) Floor Area.

19-2 Section 19

SEC. 19

(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. ( c) Front Yard.

( 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, proÂˇ vided 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 10% of the width of the site provided the maximum width of such side yard need not exceed 10 feet. (v) 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. (vi) 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 need not exceed 15 feet. (e) 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 the lane at the rear of the site need not exceed 15 feet.

19-3 Section 19

SEC. 19 (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. Accessory buildings or structures exceeding 6 feet in height in such minimum rear yards shall require the prior approval of the Director.

(f) Site Coverage. The maximum area of land which may be built upon shall be 30 per cent of the site area. (3) Uses Which are Permitted Subject to the right of Appeal to The Development Appeal Board. Notwithstanding the provisions of subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw, permits may also be issued for the following uses, subject in all cases to the right of appeal to the Development Appeal Board. In determining an appeal, the Development Appeal Board may confirm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances. (a) Dwelling units with more than four foster children in each dwelling unit. (aa) Day nurseries, schools.

kindergarteAs,

nursery

schools

(b) Fire Stations. (c) Police Stations. (d) Public and quasi-public buildings. (e) Public utility buildings and installations. (f) Private schools.

(g) Buildings or uses accessory to the above uses.

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20-1 Section 20

RRC - RESTRICTED RESIDENTIAL DISTRICT

SEC. 20

USES PERMITIED 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 RRC Restricted Residential District, permits will be issued only for the following uses: (a) One-family dwellings. (b) Public parks and public schools. (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 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. (e) Directional Signs subject to the approval of the Director. (2) The Following Regulations Apply to Every Development in All RRC Restricted Residential Districts. (a) Height.

The maximum height of buildings shall not exceed 35 feet nor 21/2 storeys. (b) Floor Area.

20-2

(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 set-back 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 that 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 121/2 per cent of the site width. (iii) Where a lane flanks the site, the 15 per cent and 121/2 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 121;2 per cent requirements shall be retained on the other side, provided, however, that on the lane side the side yard need not exceed 10 feet. (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 lane 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 need not exceed 15 feet.

20Âˇ3

Section 20

SEC. 20

(e) 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 the lane at the rear of the site need not exceed 15 feet. (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. Accessory buildings or structures exceeding 6 feet in height in such minimum rear yards shall require the prior approval of the Director. (f) Site Coverage.

The maximum area of land which may be built upon shall be 30 per cent of the site area. (3) Uses Which are Permitted Subject to the Right of Appeal to The

Development Appeal Board. Notwithstanding the provisions of subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw, permits may also be issued for the following uses, subject in all cases to the right of appeal to the Development Appeal Board. In determining an appeal, the Development Appeal Board may confirm, . reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances. (a) Dwelling units with more than four foster children in each dwelling unit. (aa) Day nurseries, schools.

kindergartens,

nursery

(b) Fire Stations. (c) Police Stations. (d) Public and quasi-public buildings. (e) Public Utility Buildings and Installations.

(f) Private Schools. (g) Buildings or uses accessory to the above.

schools

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21-1

Section 21

R-1 RESIDENTIAL DISTRICT

SEC. 21

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 parks and public schools. (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 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.

(e) Directional signs subject to the approval of the Director.

(2) The Following Regulations Apply to Every Development in All R-1 Residential Districts. (a) Density. The maximum net density shall be 9 dwelling units per acre. (b) Height.

The height of a building shall not exceed 35 feet nor 21;2 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 set-back less than 20 feet, nor require a setback exceeding 30 per cent of the mean lot depth.

21-2 Section 21

SEC. 21

(d) Side Yard. The total measurement of the side yards on both sides of a building shall be not less than twenty percent of the width of the site, provided that no side yard shall be less than four feet. (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 be not less than 20 per cent of the lot width, but need not exceed 15 feet; and (8) where a building fronts on the flanking street, the side yard abutting the flanking street shall be not less than 15 feet. (iii) 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. (e) 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. (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. Coverage shall not exceed 35 per cent of the site area and the coverage of the principal building, excluding accessory buildings, shall not exceed 23 per cent of the site area. (h) Walkway-serviced sites. Each site immediately abutting a walkway system is subject to the provisions of Section 12 (18) and (19) of this Bylaw. ( 3) Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board. Notwithstanding the provisions of subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw, permits may also be issued for the following uses, subject in all cases to the right of appeal to the Development Appeal Board. In determining an appeal, the Development Appeal Board may confirm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances.

21-3 Section 21

SEC. 21

(a) Fire Stations. (aa) Day nurseries, schools.

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(j) 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 advertisement other than a permitted sign. (k) Two-family dwellings and semi-detached one-family dwellings where the side lot line of a lot within an R-1 District abuts upon a lot in any R-2A, R-3, C-1, C-2, M-1, M-2 or M-3 District and is not separated therefrom by a street, lane 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. (I) Buildings or uses accessory to the above uses.

21-A-1 Section 21-A

RCÂˇl RESIDENTIAL CONVERSION DISTRICT

SEC. 21-A

USES PERMITTED AND REGULATIONS. (1) 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 an RC-1 Residential Conversion District, permits will be issued only for the following uses: (a) One-family dwelling and semi-detached, 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 and provided further that an appeal may be taken to the Development Appeal Board from strict compliance with the provisions of this subsection (1) (b) Area of Site (in square feet)

Permitted 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 one 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 habitable rooms.

For the purposes of this section, the following definitions shall apply: "Habitable Room" means a room for human habitation but does not include kitchens or closets, bathrooms or hall Âˇspace and similar incidental space. "Suite" means a room or set of rooms for living accommodation for a family as a single housekeeping unit, but relative to which toilet facilities may be shared. "Sleeping Unit" means accommodation for a boarder or lodger primarily for sleeping purposes and which does not including cooking facilities.

21-A-2 SEC. 21-A

Section 21-A Limitations and Exceptions:

(A)

(8)

(C)

(D)

(E)

(F)

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. When any conversion takes 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. Extensions or additions to an existing principal building (other than a structure housing a required exit) shall not be permitted where the site coverage already exceeds 35 per cent or the principal building infringes upon the yard requirements of this Section. A detached garage or an extension to an existing garage which may be proposed in accordance with paragraph (8) of this subsection (1) (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. 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 for human habitation. A dwelling which was converted prior to the passing of this amendment and without the required planning permissions and not deemed a nonconforming use may be permitted to continue 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 limit shall not exceed one year. (c) Public Parks and Public Schools. (cc) Directional signs subject to the approval of the Director. (d) Buildings and uses accessory to the above uses. (e) Permitted signs (in accordance with the provisions of Section 21 (1) (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. (iv) Parking areas.

21-A-3 SEC. 21-A

Section 21-A

(v) Public and quasi-public buildings. (vi) Two-family dwellings. ( 2) 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 21h storeys. (b) Front Yard.

The front yard shall be at the discretion of the Director provided that he shall not permit a set-back less than 20 feet, or require a set-back greater than 30 per cent of the mean lot depth. ( c) Side Yard.

The total measurement of the side yards on both sides of a building shall be not less than twenty percent of the width of the site, provided that no side yard shall be less than four feet. ( 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 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 (8) where the building fronts on the flanking street, the side yard abutting the flanking street shall be not less than 15 feet; (iii) 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. (d) Rear Yard.

( e) Site Coverage. Subject to the limitations and exceptions contained in Subsection (1) (b) of this Section, coverage shall not exceed 35 per cent of the site area and the coverage of the principal building, excluding accessory buildings, shall not exceed 23 per cent of the site area.

21-A-4

Section 21-A

SEC. 21-A

(3) Uses which are Permitted Subject to the Right of Appeal to the Development Appeal Board. Notwithstanding the provisions of subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw, Permits may also be issued for the following uses, subject in all cases to the right of appeal to the Development Appeal Board. In determining an appeal, the Development Appeal Board may confirm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances. (a) Fire Stations. (aa) Day nurseri-es, schools.

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(b) Homes for the aged or children, and including dwelling units with more than four foster children in each dwelling unit. ( 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 (f) Police Stations (g) Public and quasi-public buildings (h) Public Utility Buildings and installations (hh) Apartment buildings, provided that (i) the building is purpose-designed, (ii) the building contains not more than four dwelling units, (iii) the site area is not less than 8,600 square feet, (iv) the site has a mean width of not less than 66 feet, (v) the site coverage, including accessory buildings, does not exceed 35 per cent, (vi) one private garage or parking space is provided on the site for each dwelling unit, (vii) in the opinion of the Director, the building, by reason of appearance or excessive height, does not adversely affect the amenities .of the area, and (viii) in the opinion of the Director, the design of the building does not permit conversion to a building containing more than four dwelling units. ( i) Private Schools.

21-A-5 Section 21-A

SEC. 21-A

(j) Purpose designed two-family dwellings and the conversion of existing one-family dwellings to two-family dwellings, provided that, in each case, the site ( i) has an area of not less than 7 ,OOO square feet, and (ii) a mean frontage of not less than 50 feet. (k) 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 advertisement other than a permitted sign (I) Greenhouses and Plant Nurseries (m) Buildings and uses accessory to the above uses.

22·1 Section 22

R-2 RESIDENTIAL DISTRICT

SEC. 22

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 and schools. ( 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 adjoins, the following transitional uses are permitted: (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 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. ( h) Homecrafts. (i) Directional signs, more than one identification sign, and identifi· cation signs which exceed 10 square feet in the case of per-

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22Âˇ2 Section 22

SEC. 22

mitted residential uses and 15 square feet in the case of permitted non-residential uses when approved by the Director.

(2) The Following Regulations Apply to Every Development in All RÂˇ2 Residential Districts.

(a) 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 21/2 storeys. (c) Front Yard.

The front yard sh.all 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. (d) Side Yard.

The total measurement of the side yards on both sides of a building shall be not less than twenty percent of the width of the site, provided that no side yard shall be less than four feet. (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 be not less than 20 per cent of the lot width, but need not exceed 15 feet; and (8) where a building fronts on the flanking street, the side yard abutting the flanking street shall be not less than 15 feet. (iii) 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.

22-3 SEC. 22

Section 22 (e) 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. (f) Site Area. Each lot to be used for a two-family dwelling shall have an area of not less than 3,500 square feet for each dwelling unit. (g) Site Coverage. Coverage shall not exceed 35 per cent of the site area and the coverage of the principal building, excluding accessory buildings, shall not exceed 23 per cent of the site area. (h)

Walkway-serviced sites. Each site immediately abutting a walkway system is subject to the provisions of Section 12 ( 18) and ( 19) of this By law.

(3) Uses which are permitted subject to the Right of Appeal to the Development Appeal Board. Notwithstanding the provisions of Subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw, permits may also be issued for the following uses, subject in all cases to the right of appeal to the Development Appeal Board. In determining an appeal, the Development Appeal Board may conÂˇ firm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances. (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. (aa) Day nurseries, schools.

kindergartens,

nursery schools and play

(b) Homes for the aged or children, and including dwelling units with more than four foster children in each dwelling unit. (c) Hospitals and sanatoria, excluding mental hospitals or hospitals for the treatment of animals, or institutions for the treatment of alcoholics or drug addicts. (d) Parking areas ancillary to a principal use on an abutting site.

22Âˇ4 Section 22

SEC. 22

(e) Police stations. (f) Public and quasi-public buildings.

(g) Public utility buildings and installations. (h) Private schools.

(i) 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 advertisement other than a permitted sign. (j) Buildings and uses accessory to the above uses.

23-1 Section 23

R-2A RESIDENTIAL DISTRICT

SEC. 23

USES PERMIITED 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-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 and Public Schools. (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: (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 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 illumin(ited 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. ( i) Homecrafts. (j) Directional Signs, more than one identification sign, and identification signs which exceed 10 square feet in the case of per~

..:.

23-2 Section 23

SEC. 23 mitted residential uses and 15 square feet in the case of permitted non-residential uses, when approved by the Director.

( 2) Subject to the Requirements of Subsection (1) hereof the Following Regulations Apply to Every Development in all R-2A Residential Districts. (a) Height. The maximum height of a building shall not exceed 35 feet nor 21;2 storeys. (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 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. (iii) 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. (d) Rear Yard. A rear yard shall be provided, the minimum depth of which shall be not less than 25 feet. ( e) Site Coverage. Coverage shall not exceed 35 per cent of the site area and the coverage of the principal building, excluding accessory buildings, shall not exceed 23 per cent of the site area. (f) Walkway-serviced sites.

Each site immediately abutting a walkway system is subject to the provisions of Section 12 (20) of this Bylaw.

23Âˇ3 Section 23

SEC. 23

(3) Uses Which are permitted subject to the Right of Appeal to the Development Appeal Board. Notwithstanding the provisions of Subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw, permits may also be issued for the following uses, subject in all cases to the right of appeal to the Development Appeal Board. In determining an appeal, the Development Appeal Board may confirm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances. (a) Directional signs, more than one identification sign, and idenÂˇ tifications 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. (aa) Day nurseries, schools.

kindergartens,

nursery

schools

and

play

{b) Homes for the aged or children, and including dwelling units with more than four foster children in each dwelling unit. (c) Hospitals and sanatoria, excluding mental hospitals or hospitals for the treatment of animals, or institutions for the treatment of alcoholics or drug addicts. (d) 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. (e) Police Stations. (f) Public and quasi-public buildings. (g) Public utility buildings and installations. ( h) Private Schools. (i) 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 advertisement other than a permitted sign.

(j) Buildings and uses accessory to the above uses.

24-1

Section 24

R-3 RESIDENTIAL DISTRICT

SEC. 24

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-3 Residential District, permits will be issued only for the following uses: (a) Apartment Buildings. (b) Public Parks and public schools. (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 MÂˇ3 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: (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: (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. (h) 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, when approved by the Director.

24-2

Section 24

SEC. 24

(2) The Following Regulations Apply to Every Development in All R-3 Residential Districts. (a) Density. The maximum density shall be determined by the ratio of site area to type of dwelling unit as follows: TYPE OF DWELLING UNIT (A) Two or more bedrooms ( B) One-bedroom (C) Bed-Sitting Room

AREA OF SITE PER DWELLING UNIT 1740 square feet 1175 square feet 870 square feet.

(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 set-back 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 building of not less than 15 per cent of the width of the site except in the following circumstances: (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. (f) 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.

24-3 Section 24

SEC. 24

(h) Grouped Buildings. 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 architectural appearance, the provision of adequate light, air, privacy and landscaping shall be fully shown upon Âˇ the site plans for the whole development, and all of the foregoing shall be to the satisfaction of the Director. (i) Walkway-serviced sites. Each site immediately abutting a walkway system is subject to the provisions of Section 12 (20) of this Bylaw. (3) Uses Which are Permitted Subject to the right of Appeal to the Development Appeal Board. Notwithstanding the provisions of Subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw, permits may also be issued for the following uses, subject in all cases to the right of appeal to the Development Appeal Board. In determining an appeal, the Board may confirm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances. (a) Boarding and lodging houses (aa) Day nurseries, schools.

kindergartens,

nursery

schools

and

play

(b) Directional signs, more than one identification sign and identification signs which exceed 10 square feet in the case of -~-pe.r;-nitted residential uses and 15 square feet in the case of permitted non-residential uses. ( c) Fraternity or sorority houses (d) Homecrafts (e) Homes for the aged or children, and including dwelling units with more than four foster children in each dwelling unit (f) Hospitals and sanatoria, excluding mental hospitals or hospitals for the treatment of animals, or institutions for the treatment of alcoholics or drug addicts

(g) One-family dwellings (h) Parking areas ancillary to a principal use on an adjacent site ( i) Police stations

(j) Public and quasi-public buildings (k) Public utility buildings and installations (I) Private Schools.

24-4

Section 24

SEC. 24

(m) Semi-detached one-family dwellings (o) Two-family dwellings ( p) 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 advertisement other than a permitted sign. (q) Buildings or uses accessory to the above uses.

Section 24-A

R-3A MEDIUM DENSITY SUBURBAN RESIDENTIAL DISTRICT

SEC. 24-A

GENERAL PURPOSE The General Purpose of this district is to establish a district medium density housing and compatible uses in suburban areas.

for

Suburban multiple family accommodation will be provided for those who desire it while protecting the amenities of the newer residential areas. Development in these areas will exhibit great flexibility in building type. The quality of the environment will be improved by the provision of adequate off-street parking facilities, low site coverage, the effective relationship between structures and open spaces, the creation of effective and usable landscaping and open-space facilities, the height and architectural treatment of structures, and the relationship between apartment buildings and other residential development. These areas will be so located that apartment buildings will provide physical focal points at suburban locations immediately adjacent to major employment centres and major transport, recreational and retail facilities.

( 1)

Permitted Uses Subject to all other provisions of this Bylaw, on any site in any district designated on Appendix No. 2 to this Bylaw as R-3A Medium Density Suburban Residential District, permits will be issued only for the following uses: (a)

Apartment buildings.

(b)

Fire stations.

(c)

Homes for the aged or children, including dwelling units designed for occupation by more than four foster children.

(d)

One-family dwellings.

(e)

Police stations.

(f)

Private schools.

(g)

Public and quasi-public buildings.

(h)

Public parks.

(i)

Public schools.

(j)

Public utility buildings and installations.

(k)

Side-by-side duplexes.

(I)

Terraced dwellings.

SEC. 24-A

Section 24-A (m) Two-family dwellings. (n)

(2)

Buildings and uses accessory to the above uses.

The following regulations apply to each development in an R-3A Medium Density Suburban Residential District. (a)

Site Area A site which is two or more acres shall be subject Regulations contained in this Subsection (2), and which is less than two acres in area shall be subject Regulations contained in Subsection (2) of Section 24 Bylaw.

to the a site to the of this

( b)

Site Coverage Buildings, structures and private parking areas, excepting unloading areas, access roadways and ramps between public roadways and private parking facilities, surfaced amenity areas and structures designed for tenant amenity and recreation, shal I not cover more than 60 per cent of the site.

(c)

Density In the case of an apartment building or terraced dwellings, the density shall not exceed 150 persons for each acre of site, calculated as follows: (i)

for a high-rise apartment building, count 1.25 persons for each bed-sitting room unit, 1.80 persons for each one-bedroom unit, 2.67 persons for each two-bedroom unit and 3.65 persons for each dwelling unit containing three or more bedrooms;

(ii)

for a walk-up apartment building, count 1.29 persons for each bed-sitting room unit, 1.96 persons for each one-bedroom unit, 3.10 persons for each two-bedroom unit, and 4.05 persons for each dwelling unit containing three or more bedrooms;

(iii) for terraced dwellings, count 1.14 persons for each bed-sitting room unit, 1.92 persons for each onebedroom unit, 3.25 persons for each two-bedroom unit. and 4.40 persons for each dwelling unit containing three or more bedrooms; provided that the Development Officer may refuse an application for a proposed development which, in his opinion, will adversely affect public school accommodation.

Section 24-A

SEC. 24-A (d)

Height Buildings and structures shall not exceed 150 feet in height, provided that the Development Officer may approve such greater height as, in his opinion, does not adversely affect the amenities.

(e)

Parking (i) The following Subclauses in this Clause (e) apply CÂˇnly to apartment buildings and terraced dwellings. (ii)

Not less than 1.25 parking spaces shall be provided on a site for each dwelling unit on the same site.

(iii) Private parking areas shall be screened from view off the site by concrete or masonry walls not less than four ÂˇFeet in height or in such other manner as the Development Officer may approve. (iv) A private parking area shall not encroach on the frnnt yard. (v)

Each private parkade shall be roofed and shall be connected to the principal building in a manner satisfactory to the Officer.

(vi) The roof of each private parkade shall be flat, landscaped and prepared for recreational use. (f)

Yards In the case of an apartment building or terraced dwellings, no yard shall be less than 20 feet, provided that the Development Officer, in his discretion, may approve recrnational structures and facilities in side and rear yards.

(g)

Site Development The Development Officer, having regard to the creation of effective relationships between buildings, structures and open spaces, to the architectural treatment of buildings and structures and to the provision of landscaped open space (passive and active), may refuse ah application under Section 5 of this Bylaw which complies with this Subsection (2).

(h)

Landscaping (i) The following subclauses in this Clause (h) apply only to apartment buildings and terraced dwellings.

SEC. 24-A

Section 24-A

(ii)

The Development Officer shall decide an application under Section 5 of this Bylaw on the advice of the City's Superintendent of Parks and Recreation Department as to landscaping.

(iii) Not less than 50 per cent of that portion of a site uncovered by buildings or structures shall be developed as permanent grass and shrub cover and the remainder of such portion shall be landscaped in an architectural manner consisting of trees, planters and other landscape features and furnitures. (iv) On the roof of a private parkade, any grass or shrub cover shall be planted in topsoil not less than 18 inches in depth and any tree shall be in topsoil not less than 4 feet in depth.

(i)

Additional application material (i) In addition to, or modification of, the material required to accompany an applicaton under Section 5 of this Bylaw, the following subclauses in this Clause (h) apply only to an application for an apartment building or terraced dwellings. (ii)

The site plan shall show the location of all buildings, structures, parking areas, loading areas, landscaped areas, curb crossings and the pedestrian circulation system and, notwithstanding Clause (d) of Section 5(3) of this Bylaw, shall be drawn to the scale of onesixteenth of an inch represents one foot or one inch represents twenty feet.

(iii) The elevations shall show the exterior finishing and architectural treatment of buildings and structures. (iv) The floor plans shall show all interior partitions and the proposed use of each room or area. (v)

In addition to the material required under Section 5 of this Bylaw, each application shall be accompanied by (A) a parking detail in duplicate showing access, aisles and parking spaces in compliance with this Bylaw.

Section 24-A

(j)

(3)

SEC. 24-A

(B)

a planting plan in duplicate showing recreation areas, planters, tools, any other special surface features, adjacent land uses, the location, type and size of all planting material, the location, type and size of all existing plant material and whether or not such material is to be retained relocated or removed, and

(C)

as many photographs as are necessary to show all existing tree cover on the site.

Penalty Bond Upon the approval by the Development Officer of an application under Section 5 of this Bylaw for an apartment building or terraced dwellings, the applicant shall deliver to the Officer a bond naming as surety a corporation licensed as such in Alberta, and in a sum to be fixed by the Officer, the condition of the bond being that, if the proposed development is completed but is not in accordance with this Bylaw or the plans and other material accompanying the application, then the surety shall pay to the City, for its use absolutely, the sum fixed.

Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board. In addition to the Permitted Uses in Subsection ( 1) of this Section 24-A, subject to compliance with all other provisions of this Bylaw, and subject in all cases to the right of appeal to the Development Appeal Board, permits may be issued for the following Special Uses: (a)

Hospitals and sanatoria, except mental hospitals, hospitals for the treatment of animals and institutions for the treatment of alcoholics or drug addicts.

(b)

Day nurseries, kindergartens, schools.

(c)

The office of a professional or business person, provided that:

nursery schools and play

(i)

the office is in the dwelling unit in which such person resides,

(ii)

in the opinion of the Development Officer, such use will not generate parking problems.

SEC. 24-A

Section 24-A

(iii) such person does not employ more than one other

person in the office, and (iv) there shall be no signs on the site, except identification signs. (d)

Medical clinics and similar uses.

(e)

Private clubs.

Section 24-B

R-4 GENERAL RESIDENTIAL DISTRICT

SEC. 24-B

The general purpose of this district is 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 accommodation. USES PERMITTED AND REGULATIONS.

( 1) 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 purposedesigned buildings and not including, unless otherwise stated, the conversion of existing buildings: (a) One-family dwellings subject to the regulations governing R-1 Residential Districts. (aa) The conversion of an existing dwelling, when approved by the Director, into dwelling units, suites or sleeping rooms or a boarding or lodging house, where by reason of age, size or other appropriate factors, the building is unsuitable for its present use. (b) Two-family dwellings subject to the provisions of R-2 Residential 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 children, and including dwelling units with more than four foster children in each dwelling unit. (i) Public Parks and Public Schools. (j) Permitted Transitional Uses.

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 folÂˇ lowing transitional uses are permitted, including the conversion of existing buildings:

Section 24-B

SEC. 24-B (iv) Parking Areas. (v) Public and Quasi-Public buildings.

(k) Buildings and uses accessory to the above uses. (I) Permitted signs, in accordance with the provision of Section 21 (1) (d). (m) Directional signs when approved by the Director.

(2) The Following Regulations Apply to Every Development in All of the R-4 General Residential Districts, Except Where Otherwise Permitted in Subsection ( 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 setÂˇback less than 20 feet nor require a set-back greater than 35 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, (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. (iii) where the side yard abuts a utility lot not less than 20 feet in width, the side yard abutting the utility lot shall not be less that 3 feet.

SEC. 24-B

Section 24-B

(d) 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. The maximum area of land which may be built upon shall be 35 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 8,600 square feet and the minimum site frontage shall be 66 feet.

(g) Density. The maximum density for apartment buildings shall be in acÂˇ cordance with the following scale: TYPE OF AREA OF SITE REQUIRED PER DWELLING UNIT DWELLING UNIT Bed/Sitting Room 1 Bedroom 2 or more Bed rooms

750 square feet 1000 square feet 1350 square feet

( h) Grouped Residential Buildings. In the case of two or more grouped apartments or other residential buildings of similar uses, one to another, and located on the same site or sites developed comrehensively, 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. (3) Uses Which are Permitted Subject to the right of Appeal to the Development Appeal Board. Notwithstanding the provisions of Subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw, permits may also be issued for the following uses, subject in all cases to the right of appeal to the Development Appeal Board. In determining an appeal, the Board may confirm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances.

Section 24-B SEC. 24-B (a) Fire Stations (aa) Day nurseries, kindergartens, nursery schools and play schools. ( b) Homecrafts (c) Hospitals or sanatoria, excluding a mental hospital or hospital for thy treatment of animals, or institutions for the treatment of alcoholics or drug addicts. (d) 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. (e) Police Stations (f) Public and quasi-public buildings (g) Public utility buildings and installations (h) Private Schools. (i) 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 advertisement other than a permitted sign. (j) Buildings and uses accessory to the above ;...;::;es. ( 4) Uses Which May be Permitted Subject to Approval of the Municipal Planning Commission. 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 Municipal Planning Commission. If a permit is granted, the development shall be undertaken in compliance with all provisions of this Bylaw and such further conditions that the Municipal Planning Commission may impose. An appeal to the Development Appeal Board may be made by a person who is not satisfied with a decision resulting from the exercise of discretionary powers by the Municipal Planning Commission. (a) Mixed Residential Development: In the case of a comprehensively designed mixed residential development the Municipal Planning Commission may determine the maximum, permissible resiÂˇ dential density, but shall pay due regard to the standards applicable to individual residential uses as specified in Subsections (1) and (2) hereof. Where the Municipal Planning Commission deems it appropriate, retail or service uses substantially accessory to such a comprehensively developed project may be permitted. (b) Buildings and uses accessory to the above uses.

Section 24-C

R-5 MEDIUM DENSITY RESIDENTIAL DISTRICT

SEC. 24-C

GENERAL PURPOSE The General Purpose of this district is to establish a district for medium density housing and compatible uses at appropriate locations (not in suburban areas) and conveniently accessible to transportation facilities, work centres and recreational areas.

( 1)

Permitted Uses Subject to all other provisions of this Bylaw, on any site in any district designated on Appendix No. 2 to this Bylaw as R-5 Medium Density Residential District, permits will be issued only for the following uses: (a)

Apartment Buildings.

(b)

Boarding and lodging houses.

(c)

Fraternity and sorority houses.

(d)

Homecrafts.

(e)

Homes for the aged and children.

(g)

The office of a professional or business person, provided that: (i)

the office is in the dwelling unit in which such person resides,

(ii)

in the opinion of- the Development Officer, such use will not generate parking problems,

(iii) such person does not employ more than one other person in the office, and (iv)

there shall be no signs on the site, except identification signs.

(h)

One-family dwellings.

(i)

Private, academic, philanthropic and religious schools.

(j)

Public and quasi-public buildings.

( k)

Public parks.

(I)

Public schools.

(m) Side-by-side duplexes. (n)

Terraced dwellil"'os.

Section 24-C

(2)

SEC. 24-C

(o)

Two-family dwellings.

(p)

Buildings and uses accessory to the above uses.

The following regulations apply to each development in an R-5 Medium Density Residential District (a)

Site coverage. Buildings shall not cover more than 40 per cent of the area of the site.

(b)

Density. (i) On a site having a mean width of not less than 66 feet and an area of not less than 9,500 square feet, the aggregate of (A) 450 square feet for each bed-sitting room unit, (B)

600 square feet for each one-bedroom unit, and

(C)

850 square feet for each dwelling unit containing two or more bedrooms,

shall not exceed the area of the site. (ii)

On a site having a mean width of less than 66 feet and an area of less than 9,500 square feet, the aggregate of (A) 750 square feet for each bed-sitting room unit, (B)

1,000 square feet for each one-bedroom unit, and

(C)

1,350 square feet for each dwelling unit containing two or more bedrooms,

shall not exceed the area of the site. (iii) If the site of an apartment house or a purpose-design boarding or lodging house has a mean width of less than 66 feet and an area of less than 9,500 square feet, the site (A) shall be flanked on one side by a highway and on the other side by a purpose-designed apartment house or non-residential building, or (B)

shall be flanked on each side by a purpose-designed apartment house or non-residential. building, or

(C)

shall be flanked on each side by a building as substantial as a purpose-designed apartment house or non-residential building.

Section 24-C

SEC. 24-C

(iv)

In calculating density under this Clause (b), (A) a sleeping unit in a purpose-designed boarding or lodging house equals a bed-sitting room unit, and (B)

(v)

a sleeping unit in a building converted to a boarding or lodging house equals 0.75 bed-sitting room units.

In Subclause (iv) of this Clause (b), "sleeping unit" means a habitable room or suite of habitable rooms not self-contained.

(c)

Height. The height of a building shall not exceed six storeys nor 75 feet.

(d)

Front yards. The front yard shall be not less than 20 feet.

(e)

Side yards. If a site is not flanked by a highway and an exterior (i) wall on the site contains the window of a habitable room, the side yard abutting such wall shall be not less than one half the height of such wall, provided the side yard shall be not less than 10 feet but need not exceed 25 feet. (ii)

If a site is not flanked by a highway and an exterior wall on the site contains the window of a non-habitable room, the side yard abutting such wall shall be not less than one quarter the height of such wall, prcvided the side yard shall be not less than 7% feet but need not exceed 12 feet.

(iii) If a site is not flanked by a highway and an exterior wall in a building on the site does not contain a window, the side yard abutting such wall shall be, (A) where the height of such building does not exceed two storeys, not less than 5 feet, and, (B)

where the height of such building exceeds two storeys, not less than 5 feet and 1 foot for each storey above the second storey but need not exceed 12 feet.

SEC. 24-C

Section 24-C

(iv)

If a site is flanked by a highway and an exterior wall on the site (A) does not contain a window or (B)

contains the window of a non-habitable room,

the side yard abutting such wall shall be not less than 10 feet. (v)

(f)

(g)

If a site is flanked by a highway and an exterior wall on the site contains the window of a habitable room, the side yard abutting such wall shall be not less than 15 feet.

Rear yards. ( i)

If the site is not flanked by a highway, the rear yard shall be not less than 25 feet.

(ii)

If the site is flanked by a highway, the rear yard shall not be less than 15 feet.

Private parkades. Notwithstanding any other provision of this bylaw, a private parkade, the height of which does not exceed two storeys, shall be not less than 10 feet from each side limit of its site and not less than 15 feet from the rear limit of its site.

(h)

Site Development. The creation of effective relationships between buildings, structures and open spaces, the architectural treatment of buildings, and the provision of landscaped open space (passive and active), shall be in the discretion of the Development Officer.

(i)

Isolation. The site shall not be so located as to create smaller sites for future development in the same block, except as a Special

Use.

SEC. 24-C

Section 24-C

(3)

Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board In addition to the Permitted Uses in Subsection ( 1) of this Section 24-C, subject to compliance with all other provisions of this Bylaw, and subject in all cases to the right of appeal to the Development Appeal Board, permits may be issued for the following Special Uses: (a)

Buildings on sites under Subsection (2) (i) of this Section 24-C.

(aa) Day nurseries, kindergartens, nursery schools and play schools. (b)

Fire stations.

(c)

Hospitals and sanatoria, except mental hospitals, hospitals for the treatment of animals and institutions for the treatment of alcoholics and drug addicts.

(d)

Medical clinics and similar uses.

(e)

Police stations.

(f)

Private parking areas not on the site of the principal use.

(g)

Private clubs.

(h)

Public parking areas.

(i)

Public utility buildings and installations.

R-6 HIGH DENSITY RESIDENTIAL DISTRICT

Section 24-D

SEC. 24-0

GENERAL PURPOSE The General Purpose of this district is to establish a district for high density housing and compatible uses at appropriate locations and conveniently accessible to transportation facilities, work centres and recreational areas. ( 1)

Permitted Uses. Subject to all other provisions of this Bylaw, on any site in any district designated on Appendix No. 2 to this Bylaw as R-6 High Density Residential District, permits will be issued only for the following uses: (a)

(2)

the Permitted Uses in R-5 Medium Density Residential Districts.

The following regulations apply to each development in an R-6 High Density Residential District. (a)

Site area. A site having an area of less than 14,500 square feet shall be governed by the Regulations for R-5 Medium Density Residential District and not by the following regulations.

(b)

Density. (i) If the height of a building does not exceed six storeys, the aggregate of (A) 300 square feet for each bedsitting room unit, and (B)

450 square feet for each one-bedroom unit,

shall not exceed the area of the site. (ii)

If the height of a building exceeds six storeys, the density shall not exceed 300 persons for each acre of site, calculated as follows: (A) count 1.5 persons for each bed-sitting room unit, (B)

count 2 persons for each one-bedroom unit, and

(C)

count 3 persons for each dwelling unit containing two or more bedrooms.

(iii) In calculating density under this clause (b), the area of an ancillary site may be added to the area of the principal site, provided that

Section 24-D

SEC. 24-D

(A) the principal site has an area of not less than 20,000 square feet,

(c)

(8)

the ancillary site immediately abuts the principal site or is separate from the principal site only by a lane not more than 20 feet wide, and

(C)

the ancillary site is the subject of a covenant restricting its use as anCillary to the principal site.

Height The height of a building shall not exceed (i) 150 feet, or (ii)

such greater height as the Development Officer, in his discretion, may approve.

(d)

Yards Yards shall be governed by the Regulations for R-5 Medium Density Residential Districts.

(e)

Private Parkades. Notwithstanding any other prov1s1on of this Bylaw, a private parkade, the height of which does not exceed two storeys, shall be not less than 10 feet from each side limit of its site and not less than 15 feet from the rear limit of its site.

( f)

Site development. The creation of effective relationships between buildings, structures and open spaces, the architectural treatment of buildings, and the provision of landscaped open space (passive and active), shall be in the discretion of the Development Officer.

(g)

Isolation. The site shall not be so located as to create smaller sites for future development in the same block, except as a Special Use.

SEC. 24-D

Section 24-D

(3)

Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board. In addition to the Permitted Uses in Subsection ( 1) of this Section 24-0, subject to compliance with all other provisions of this Bylaw, and subject in all cases to the right of appeal to the Development Appeal Board, permits may be issued for the following special uses: (a) (aa) (b)

Apartment hotels Day nurseries, kindergartens, nursery schools and play schools. Buildings on sites under Subsection (2) (g) of this Section 24-0.

(c)

Fire stations.

(d)

Hospitals and sanatoria, except mental hospitals, hospitals for the treatment of animals and institutions for the treatment of alcoholics and drug addicts.

(e)

Medical clinics and similar uses.

(f)

Personal service shops.

(g)

Police stations.

(h)

Private parking areas not on the site of the principal use.

( i)

Public parking areas.

(j)

Public utility buildings and installations.

Section 24-E

R-7 RESIDENTIAL AND SPECIAL PURPOSE OFFICE DISTRICT

SEC. 24-E

GENERAL PURPOSE The General Purpose of this district is to establish a district for higher density housing, special purpose offices and compatible uses at appropriate locations. ( 1)

Permitted Uses Subject to all other provisions of this Bylaw, on any site in any district designated on Appendix No. 2 to this Bylaw as R-7 Residential and Special Purpose Office District, permits will be issued only for the following uses: (a)

Apartment hotels, hotels and motels.

(b)

Clinics, including drug stores without direct access by the public through an external wall of the building.

(c)

Eating establishments, excepting drive-in businesses.

( d)

Fire stations.

(e)

Institutions of a religious, philanthropic or educational nature.

(f)

Museums and art galleries.

(g)

Offices.

( h)

Pol ice stations.

( i)

Private clubs.

(j)

Private, academic, philosophical and religious schools.

(k)

Public and quasi-public buildings.

(I)

Public schools.

(m) Retail stores. (n) (2)

Buildings and uses accessory to the above uses.

The following regulations apply to each development in an R-7 Residential Special Purpose Office District. (a)

Residential uses. Residential buildings and uses shall be governed by the Regulations for R-6 High Density Residential Districts.

Section 24-E

(b)

SEC. 24-E

Non-residential uses. In non-residential buildings and uses, ( i)

the site shal I have a mean width of not less than 66 feet and an area of not less than 8,600 square feet,

(ii)

the ratio of the aggregate of the gross area of each floor to the area of the site shal I not exceed 3: 1,

(iii) the front yard shall be not less than 20 feet, (iv) the side yards shall be governed by the Regulations for R-5 Medium Density Residential Districts, and (v)

(c)

(d)

the rear yard shall not be less than 25 feet.

Mixed uses. In the case of a building containing both residential" and non-residential uses, (i)

there shall be no dwelling units on the main floor, except in apartment hotels, hotels and motels, and

(ii)

the Development Officer shall resolve any conflicts in the provision of this Bylaw.

Height Notwithstanding any other prov1s1on of this Subsection (2), the height of a building shall not exceed ( i)

125 feet, or

(ii)

such greater height as the Development Officer, in his discretion, may approve.

"(3) Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board. In addition to the Permitted Uses in Subsection ( 1) of this Section 24-E, subject to. compliance with all other provisions of this By law, and subject in all cases to the right of appeal to the Development Appeal Board, permits may be issued for the following Special Uses: (a)

Day nurseries, kindergartens, nursery schools and play schools.

25-1 Section 25

CÂˇl COMMERCIAL DISTRICT

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, provided that in the case of a service station site approved prior to or after the passing of this Bylaw, any conversion to other use or uses permitted shall require the prior approval of the Municipal Planning Commission which shall have due regard to the amenities of the district. (a) 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 use for the sale of new or used automobiles, trucks, or heavy agricultural or heavy industrial machinery or equipment). (b) Bakeshops. (c) Banks. (d) Barbers' shops. ( e) Commercial Libraries. (f) Dressmakers' shops. (g) Dry cleaners' distributing stations. (h) Eating establishments, including accessory catering (other than drive-in businesses or places where there is dancing or cabaret entertainment). (i) Ladies' hairdressing establishments. (j) Offices.

(k) 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. (I) Photographers' shops. (m) Post offices. (n) Clinics. (o) Public libraries. ( p) Public parks. (pp) Service stations when previously approved by Council under a replotting scheme, plan of subdivision or permit. (q) Shoe repair shops,

25Âˇ2 Section 25

SEC. 25

( r) Vehicular parking areas. (s) Buildings and uses accessory to the above uses. (t) Permitted signs, if the following limitations are observed: No person within any CÂˇl District shall use any land, building or structure for the display of any sign, except the following permitted signs: (i) Any sign permitted in an RRB District, and (ii) 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 (A) where a building has a parapet 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; (8) 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 for 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) 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. (vi) on any business premise where a building is located less than 20 feet from the property line of the principal street upon which such building faces, not more than one projecting sign not exceeding 25 square feet in area, which may be illuminated but not animated or flashing, provided that no part of the sign including its supporting structure shall:

25-3 Section 25

SEC. 25 (A) extend more than 6' above the parapet of the building, or (B) extend more than 6' from the face of the building. or (C) provide less than 8' headroom above any area used by the public or as further limited by the Edmonton Building Code. (vii) The following additional signs when approved by the Director: (A) Directional signs (B) Identification or local advertising wall signs on exposed side walls of buildings (C) One local advertising ground sign or standard poster panel with a maximum advertising area of 250 square feet on a single-faced sign and a total of 500 square feet on a double-faced sign. (D) Additional pole or ground identification signs.

(2) 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 shall be to the satisfaction of the Di rector, 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 35 feet nor 21;2 stories. ( 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 Are Permitted Subject to the right of appeal to the Development Appeal Board. Notwithstanding the provisions of Subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw, permits may also be issued for the following uses, subject in all cases to the right of appeal to the Development Appeal Board. In determining an appeal, the Development Appeal Board may conÂˇ firm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances.

25-4 SEC. 25

Section 25

(aa) Catering establishments in conjunction with eating establishments on the same premises. (aaa) Day nurseries, schools.

kindergartens,

nursery

schools

and

play

(a) Drive-in businesses (b) Dry cleaning shops (c) Fire stations (d) Laundry shops (e) Liquor stores

(f) Police stations (g) Private Clubs or lodges (h) Public and quasiÂˇpublic buildings (i) Public Utility Buildings and Installations (j) Service stations other than those permitted under Subsection

(1) (pp) (k) Showrooms (I) A workshop accessory to a retail store, provided that: ( i) The workshop is not located at the front of the store; (ii) Such use is restricted to the treatment of goods which would normally be done on the premises where the goods are sold; (iii) Goods for sale in other premises shall not be processed in such workshop. (m) Poolrooms (n) Buildings and uses accessory to the above uses.

--~

26Âˇ1 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) Retail stores (excepting that, for the purposes of this subsection (1) (a), retail stores shall not include buildings or yards used for the sale of new or used automobiles, trucks, or heavy agriÂˇ cultural or heavy industrial machinery or equipment). (b) Bakeshops. (c) Banks. (d) Barbers' shops. (e) Commercial libraries. (f) Dressmakers' shops. (g) Dry cleaning depots. (h) Dry cleaners' distributing stations. (i) Eating establishments including accessory catering (other than drive-in businesses or places where there is dancing or cabaret entertainment).

(j) Ladies' hairdressing establishments. (k) Laundry shops. (kk) Music studios. (I) Offices. (m) 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. (n) Photographers' shops. (nn) Pool Rooms. (o) Post offices. (p) Clinics.

(q) Public libraries. (r) Public parks. (s) Service stations. (t) Showrooms. (u) Shoe repair shops. (v) Vehicular parking areas.

26Âˇ2 Section 26

SEC. 26

(w) Buildings and uses accessory to the above uses including a workshop accessory to a retail store, provided that: ( i) The workshop is not located at the front of the store; (ii) Such use is restricted to the treatment of goods which would normally be done on the premises where the goods are sold; (iii) Goods for sale in other premises shall not be processed in such workshop. (x} Permitted signs which may be animated and illuminated but not flashing: (i) Signs permitted in C-1 districts; (ii) On any qile-s11gpping centre unit not more than one pole or ground identification sign (excluding lighted signs of the flashing or animated type) not exceeding 45 feet in overall height, no portion of which shall project over public property. (y) The following additional signs when approved by the Director: (i) Directional signs (ii) Identification or local or general advertising wall signs on exposed side walls of buildings (iii) Additional pole or ground identification signs and all pole or ground identification signs exceeding 45 feet in overall height (iv) Additional ground local or general advertising standard poster panels with a maximum advertising area of 250 square feet for each sign (v) Local or general advertising ground signs or bulletin board with a maximum advertising area of 450 square feet each (vi) One identification sign on a service station roof.

(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.

26Âˇ3 Section 26

SEC. 26

(3) Uses Which are Permitted subject to the right of appeal to the Development Appeal Board. Notwithstanding the provisions of Subsection ( 1) of this Section Âˇ and subject to compliance with all other provisions of this Bylaw, permits may also be issued for the following uses, subject in all cases to the right of appeal to the Development Appeal Board. In determining an appeal, the Development Appeal Board may confirm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances. (a) 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 sale 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 requirements 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. (b) Bowling alleys (c) Catering establishments (d) Cocktail lounges (e) Curling rinks (ee) Day nurseries, schools.

kindergartens,

nursery

schools

and

play

26-4 SEC. 26

Section 26

(f) Drive-in businesses (g) Dry cleaning establishments (h) Fire stations

(ha) Funeral homes (i) Hotels (j) Police stations (k) Public and quasi-public buildings

(I) Public utility buildings and installations (m) Private clubs and lodges (n) Skating rinks

(o) Theatres (p) Veterinary hospitals used exclusively for the treatment of dogs,

cats and similar small animals or pets (q) Buildings and uses accessory to the above uses. (r) Car washing establishments

Section 26-A

C-2A COMMERCIAL DISTRICT

SEC. 26-A

GENERAL PURPOSE The General Purpose of this district is to protect and maintain existing commercial strips along traffic arteries. ( 1)

Permitted Uses Subject to all other provisions of this Bylaw, on any site in any district designated on Appendix No. 2 to this Bylaw as C-2A Commercial District, permits will be issued only for the following uses: (a)

Bake shops.

(b)

Banks.

(c)

Barbershops, beauty culture schools and ladies' hairdressing estab Iish ments.

(d)

Bowling alleys.

(e)

Catering establishments.

(f)

Churches.

(g)

Clinics.

(h)

Community league buildings.

(i)

Curling rinks.

(j)

Dressmakers' shops.

(k)

Dry cleaning shops and distributing stations.

(I)

Dwelling units above the first storey.

(m) Eating establishments. (n)

Equipment rentals, if enclosed.

(o)

Fire stations.

(p)

Greenhouses.

(q)

Hospitals and Sanatoria, except mental hospitals, hospitals for the treatment of animals and institutions for the treatment of alcoholics and drug addicts.

(r)

Institutions of a religious, philanthropic or educational nature.

(t)

Libraries.

(u)

Liquor stores.

(v)

Motels.

(w) Nursing homes.

Section 26-A

SEC. 26-A

(x)

Offices.

(y)

Office equipment, sales and service.

(z)

Photographers' shops.

(aa) Police stations. (bbl Poolrooms. (cc) Printing establishments, if accessory to a stationery store. (dd) Private clubs. (eel Private, academic, philanthropic and religious schools. (ff) Public and quasi-public buildings. (gg) Public parks. ( hh) Public schools. (ii)

Public utility buildings and installations.

(jj)

Retail stores.

(kk) Service stations. (II)

Shoe repair shops.

(mm)

Showrooms.

(nn) Theatres. (oo) Workshops, if accessory to a retail store. (pp) Buildings and uses accessory to the above uses. (2)

The following regulations apply to each development in a C-2A Commercial District. (a) Density. The ratio of the aggregate of the gross area of each floor to the area of the site shall not exceed 3: 1. (b)

Height. The height of a building shall not exceed 45 feet.

(c)

Side yards. If a site is flanked by a residential district but is not divided from such district by a highway or utility lot, there shall be a side yard abutting such district of not less than 5 feet. Rear yards. The rear yard shall be not less than 20 feet, provided that the second and higher storeys of a building may project to the rear limit of the site, and further provided that, if the site is flanked by an ARA, ARB, ARC, R-1, RC-1 or R-2 residential

(d)

Section 26-A

SEC. 26-A .. district, then the second and higher storeys shall be not less than 25 feet from the rear limit of the site.

(e) 路Off-street parking The Development Officer may waive any or such provisions of Section 12 ( 12) of this Bylaw as, in his opinion, are unnecessary. (3)

Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board. In addition to the Permitted Uses in Subsection (1) of this Section (26-A) subject to compliance with all other provisions of this Bylaw, and subject in all cases to the right of appeal to the Development Appeal Board, permits may be issued for the following Special uses: (a)

Ambulance services.

(b)

Auctioneering establishments, if enclosed.

(c)

Automobile rentals, sales, services and repairs.

(d)

Boat supplies and trailers, servicing and repair.

(e)

Cocktail lounges.

; (f)

Cold storage plants.

(g) (gg) 路 (h)

Dance studios and music schools. Day nurseries, kindergartens,路 nursery schools and ,play schools. Dry cleaning establishments. 路

(i)

Drive-in Businesses.

(j)

Eating establishments, including dancing and cabarets.

(k)

Film processing establishments.

(I)

Funeral homes.

(m) Furniture repair, refinishing and upholstery. (n)

Hotels.

(o)

Laundry shops.

( p)

Markets.

(q)

Parking garages.

(r)

Public garages.

(s)

Public parking areas.

(t)

Tire sales, service and repair.

(u)

Veterinary hospitals for the treatment of dogs, cats and other small animals.

C-3 GENERAL COMMERCIAL DISTRICT

Section 26-B

SEC. 26-B

GENERAL PURPOSE

The General Purpose of this district is to provide sites for services, supplies, storage and specialized sales uses in areas which have largely lost their retail character. ( 1)

Permitted Uses Subject to all other provisions of this Bylaw, on any site in any district designated on Appendix 2 to this Bylaw as C-3 Commercial District, permits will be issued only for the following uses:

No.

(a) (2)

The following regulations apply to each development in a C-3 General Commercial District. (a)

(b)

(3)

the Permitted Uses in C-2A Commercial Districts.

Height The height of a building shall not exceed ( i)

45 feet, or

(ii)

such greater height as the Development Officer, in his discretion, may approve.

General Subject to Clause (a) of this Subsection (2), the Regulations prescribed for C-2A Commercial Districts apply to C-3 General Commercial Districts.

Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board. In addition to the Permitted Uses in Subsection ( 1) of this Section 26-B, subject to compliance with all other provisions of this Bylaw, and subject in all cases to the right of appeal to the Development Appeal Board, permits may be issued for the following Special Uses: (a)

Auctioneering establishments, if unenclosed.

(b)

Building material sales.

(c)

Building material storage yards, if accessory to building material sales.

(cc)

Day nurseries, schools.

(d)

Equipment sales and service.

(e)

Plumbing, heating and gas fitting sales and service.

(f)

Trailer sales and rentals.

kindergartens,

nursery schools and play

27-1 Section 27

SEC. 27

C-7 (RESTRICTED) TOURIST COMMERCIAL DISTRICT 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-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) Any sign permitted in an RRB District, and (ii) 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. (c) Buildings and uses accessory to the above uses. (d) Directional signs subject to the approval of the Director. (2) 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 building 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 are Permitted subject to the right of appeal to the Development Appeal Board. Notwithstanding the provisions of Subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw, permits may also be issued for the following uses, subject in all cases to the right of appeal to the Development Appeal Board.

27·2 Section 27

SEC. 27

In determining an appeal, the Development Appeal Board may con· firm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances. (a) Those uses permitted or permitted subject to the right of appeal in R-1 Residential Districts. (b) The maximum height of a building may be increased at the discretion of the Director 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.

28-1 Section 28

M-1 INDUSTRIAL DISTRICT

SEC. 28

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 MÂˇl 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) Noise. (ii) Vibration. (iii) Smoke, Dust and other kinds of particulate matter. (iv) Odour. (v) Toxic and noxious matters. (vi) Radiation hazards. (vii) Fire and explosive hazards. (viii) Heat, humidity and glare. (2) The following Regulations Apply to Every Development in All M-1 Districts. (a) Appearance. (i) All buildings shall be of good architectural design to the satisfaction of the Director. (ii) 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. (iii) All storage, freightage or trucking yards shall be enclosed or completely screened by buildings, trees, landscaped features, or fences or a combination thereof. (b) 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 set-back be less than 20 feet nor required to exceed 35 feet. No area for parking, 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.

28-2

SEC. 28

Section 28 (ii) Side Yards.

(A) 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. (8) The Director may reduce the above side yard requirements wherever there is an abutting railway line, lane or utility lot. (iii) Rear Yards. A rear yard shall be provided, the minimum depth of which shall be not less than 2 feet except: (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. ( c) 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 exceed 2 to 1. (f) Permitted Signs.

On each industrial site in an M-1 Industrial District the following signs are permitted subject to the following limitations: (i) Identification signs, which may be animated and illumiÂˇ nated but not flashing. (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.

28-3

Section 28

(iii) No identification sign shall exceed 700 square 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 Director.

SEC. 28

(3) Uses.

Subject to all other provrsrons 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, Trans-shipment of Raw materials and Processed or Manufactured Products (including Parts and Components). ( b) Manufacturing. (c) Servicing and repairing establishments. (d) Such commercial, recreational and municipal buildings and uses as, in the opinion of the Development Officer, are unlikely to have restrictive effects upon this district and are compatible with industrial uses. (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 refuse the application. (6) In considering the application, the Director shall have regard to the intent of this Section, which is to establish use on the basis of (a) appropriate performance standards; and (b) methods, equipment, and techniques of the applicant; (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 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-1 District, the Director shall authorize that a permit be issued subject to such conditions or regulations as the Director may impose.

Section 28

SEC.28

(4) Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board. In addition to the Permitted Uses in Subsection (3) of this Section 28, subject to compliance with all other provisions of this Bylaw, and subject in all cases to the right of appeal to the Development Appeal Board, permits may be issued for the following Special Uses: (a)

Day nurseries, kindergartens, nursery schools and play schools.

29-1 Section 29

M-2 INDUSTRIAL DISTRICT

SEC. 29

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-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) Noise. (ii) Vibration. (iii) Smoke, dust and other kinds of particulate matter. (iv) Odour. (v) Toxic and noxious matters. (vi) Radiation hazards. (vii) Fire and explosive hazards. (viii) Heat, humidity and glare. (2) The Following Regulations Apply to Every Development in All M-2 Districts. (a) Appearance. (i) All buildings shall be of good architectural design to the satisfaction of the Director. (b) 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 set-back 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. (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. (8) 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.

29-2

SEC. 29

Section 29 (iii) Rear Yards.

A rear yard shall be provided, the minimum depth of which shall be not less than 2 feet except: (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. (c) 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) 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. (ii) All signs as permitted in an M-1 District, and (iii) one local or general advertising ground sign or standard poster panel with a maximum 250 square feet of advertising area; and (iv) 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 (v) 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. (3) 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 Subsections (1) and (2) of this Section, namely:

29-3

Section 29

t ~

SEC. 29

(a) Warehousing, Storage, Receiving, Distribution, Trans-shipment of Raw Materials and Processed or Manufactured Products (including Parts and Components). (b) Manufacturing. (c) Servicing and Repairing establishments. (d) Such commercial, recreational and municipal buildings and uses as, in the opinion of the Development Officer, are unlikely to have restrictive effects upon this district and are compatible with industrial uses.

(dd) Day nurseries, kindergartens, nursery schools and play schools, at the discretion of the Development Officer. (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 refuse the application. (6) In considering the application, the Director 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 ~he Director 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 may impose.

30-1 Section 30

M-3 INDUSTRIAL DISTRICT

SEC. 30

USES PERMITIED 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) Noise. (ii) Vibration. (iii) Smoke, dust and other kinds of particulate matter. (iv) Odour. (v) Toxic and noxious matters. (vi) Radiation hazards. (vii) Fire and explosive hazards. (viii) Heat, humidity and glare. (2) The Following Regulations Apply to Every Development in All M-3 Districts. (a) 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. (b) 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. (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.

30-2

SEC. 30

Section 30

(8) 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 than it shall be not less than 3 feet in width.

•

(iii) Rear Yards.

A rear yard shall be provided, the minimum depth of which shall be not less than 2 feet except: (A) in the case where there is no rear lane, the distance shall be not less than 12 feet; ( 8) where the rear boundary of a site abuts 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. (c) Height.

The maximum height of buildings shall not exceed 100 feet unless otherwise approved by the Director. ( 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 Dis· tricts, provided however that the Director may, in his sole disc-retion, permit more than the minimum number of allowable signs. (3) Uses.

Subject to all other prov1s1ons of this 8ylaw, on any site, in any district defined, designated or described in this 8ylaw 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, Trans-shipment of Raw Materials and Processed or Manufactured Products (in· eluding Parts and Components) open or enclosed. (b) Manufacturing. (c) Servicing and Repairing Establishments.

30Âˇ3 Section 30

SEC. 30

(d) Such commercial, recreational and municipal buildings and uses as, in the opinion of the Development Officer, are unlikely to have restrictive effects upon this district and are compatible with industrial uses. (dd) Day nurseries, kindergartens, nursery schools and play schools, at the discretion of the Development Officer. (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 standard herein set forth, the Director shall refuse the application. (6) In considering the application, the Director 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 cornÂˇ patability 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 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-3 District, the Director shall authorize that a permit be issued subject to such conditions or regulations as the Director may impose.

31-1 Section 31

PÂˇl PUBLIC SERVICE DISTRICT

SEC. 31

GENERAL PURPOSE.

The general purpose of this district is to establish a district in which land is to be used for the purposes of the municipal corporation of The City of Edmonton and other public authorities and, more particularly, to make provision for sites for required public services to the community without adversely affecting the amenities of their particular environment. USES PERMITTED AND REGULATIONS. (1) Uses.

Subject to all other provisions of this Bylaw, and subject to the uses which may be permitted under Subsection (3) of this Section, on any site, in any district defined, designated, or described in this Bylaw as a P-1 Public Service District, permits will be issued only to public authorities and for the following uses: (a) Fire halls. (b) Hospitals or sanatoria. ( c) Libraries. (d) Museums. (e) Police stations. (f) Public buildings, including public administration buildings and institutions of a religious, philanthropic or educational nature. (g) Clinics. (h) (i) (j) (k)

Parks. Public utility buildings and installations. Public schools. Buildings or uses accessory to the above uses.

(2) The Following Regulations Apply to Every Development in All P-1 Public Ser'Vice Districts.

(a) Every development in all P-1 Public Service Districts shall conform to regulations governing permitted signs, height, site coverÂˇ age, floor area ratio and yards of buildings and structures, which are applicable to the most restrictive residential, commercial or industrial district abutting thereto, provided that the Director, in his discretion, may relax such regulations where he is satisfied that the amenities of the district are not adversely affected by reason only of such relaxation. (b) The design, siting, external finish and architectural appearance of all buildings, including any accessory buildings or structures, and all signs and the landscaping of the site shall be to the satisfaction of the Director to ensure that adequate protection is afforded to the amenities of the area.

31-2

SEC. 31

Section 31

(3) Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board. In addition to the permitted uses in Subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw and subject in all cases to the right of appeal to the Development Appeal Board, permits may be issued to public authorities for the following Special Uses: (a) Municipally operated public parking areas. (aa) Day nurseries, schools.

kindergartens,

nursery

schools

and play

(b) Exhibition groundsÂˇ. (c) Any other uses for the purposes of a public authority which, in the opinion of the Director, conform to the general purpose of this district. In determining an appeal under this Section and as provided by Section 8 (4) (b) of this Bylaw, the Development Appeal Board may confirm, reverse, or vary the deeision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances.

32-1 Section 32

P-2 PRIVATE SERVICE DISTRICT

SEC. 32

GENERAL PURPOSE.

The general purpose of this district is to establish a district in which land is to be used other than for the purposes of public authorities and, more particularly, to provide sites for facilities of an institutional or service nature providing a service to the community without adversely affecting the amenities of their particular environment. These facilities include: (a} churches, private schools and other uses serving the residents of adjoining residential areas, (b} convents, homes for the aged, private golf courses and other uses of an institutional or recreational nature which are resi· dential in character or otherwise normally compatible with resi· dential areas, and (c) major educational institutions, hospitals, curling rinks, service clubs and other uses which, because of their particular function, size or other reason, tend to reduce the amenities of an abutting residential district unless adequately regulated. USES PERMITTED AND REGULATIONS. (1) Uses.

Subject to all other provisions of this Bylaw, and subject to the uses which may be permitted under Subsection (3) of this Section, on any site, in any district in this Bylaw as a P·2 Private Service District, permits will be issued only to other than public authorities and for the following uses: (a) Homes for the aged or children. (b) Hospitals or sanatoria, excluding mental hospitals, hospitals for the treatment of animals and institutions for the treatment of alcoholics or drug addicts. (c) Institutions of a religious, philanthropic or educational nature, and private schools. (d) Buildings and uses accessory to the above uses. (2) The Following Regulations Apply to Every Development in all P-2 Private Service Districts.

The Regulations in the P-1 Public Service District Schedule apply to every development in a P-2 Private Service District. (3) Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board.

In addition to the permitted uses in Subsection ( 1) of this Section and subject to compliance with all other provisions of this Bylaw and subject in all cases to the right of appeal to the Development Appeal Board, permits may be issued to other than public authority for the following Special Uses: /

32-2 SEC. 32

Section 32

(a) Curling rinks, golf courses, driving ranges, or similar recreational Âˇuses. (aa) Day nurseries, kindergartens, schools.

nursery schools and play

(b) Welfare organizations, service clubs, or private, cultural or recreational clubs. (c) Any other use, other than for the purposes of a public authority, which, in the opinion of the Director, conform to the general purpose of this district. In determining an appeal under this Subsection and as provided by Section 8 (4) (b) of this Bylaw, the Development Appeal Board may confirm, reverse, or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances.

33-1 Section 33

MA - MUNICIPAL AIRPORT DISTRICT

SEC. 33

GENERAL PURPOSE. The general purpose of this District is to safeguard and promote the orderly and economical operation of the Municipal Industrial Airport. USES PERMITTED AND REGULATIONS. (1) Uses. Subject to all other provisions of this Bylaw, in any district defined, designated, or described in this Bylaw as an MA Municipal Airport District, permits will be issued only for the following uses: Airport Use: (a) Air charter service and establishments. (b) Air Freight and express service. (c) Aircraft manufacturing, assembly and repair, including servicing maintenance. (d) Aircraft sales, charters and rentals. (e) Manufacture, sales, service and repair of aircraft parts, equipment and supplies. (f) Passenger and freight terminal facilities. Industrial Uses: (g) Such servicing, maintenance, storage, repair and manufacturing establishments which are compatible with the operation of the Municipal Industrial Airport. Commercial and Other Uses: (h) (i) (j) (k) (I)

Eating establishments. Hotels and motels. Public utility buildings and installations. Technical and commercial schools. Any other commercial use compatible with permitted uses and unlikely to have restrictive effects upon the orderly and economical development and operation of this district.

(2) The Following Regulations Apply to Every Development in the MAMunicipal Airport District. (a) Height. The maximum height of buildings shall be determined in relation to the safe and efficient operation and functioning of the Municipal Airport, and in accordance with the height restrictions designated on maps available for inspection and filed in the City Planning Department.

33-2 Section 33

SEC. 33

( b) Appearance. (i) The design, character and appearance of buildings shall be to the satisfaction of the Director, having regard to the existing and proposed buildings and uses in the vicinity. (ii) All yards shall be landscaped or hardsurfaced 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. (iii) All storage, freightage or trucking yards shall be enclosed or completely screened by buildings, trees, landscaped features, or fences or a combination thereof. (c) Yards, Site Coverage, Floor Area Ratio. The regulations governing yards, site coverage and floor area ratio shall be those applicable to M-1 Industrial Districts under Section 28 of this Bylaw.

34-1 Section 34

P-3 RESIDENTIAL DISTRICT

SEC. 34

GENERAL PURPOSE.

The general purpose of this district is to establish a district in which land is to be used for non-profit residential accommodation. USES PERMITTED AND REGULATIONS. ( 1) Uses.

On any site shown as being in a P-3 Residential District on Appendix No. 2, permits will be issued only to public authorities or other persons or bodies of persons not trading for profit and for the following uses: (a) Public Housing. (b) Homes for the aged or children. (c) Such other residential accommodation as, in the opinion of the Municipal Planning Commission, is consistent with the above general purpose of this district. (d) Buildings or uses accessory to the above uses. (2) The Following Regulations Apply to Each Development in a P-3 ResiÂˇ dential District.

(a) The density, design, siting, external finish and architectural appearance of buildings, including accessory buildings or structures, and signs and landscaping shall, in the opinion of the Municipal Planning Commission, ensure that the amenities of the area are protected. (3) Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board. In addition to the Permitted Uses in Subsection ( 1) of this Section 34, subject to compliance with all other provisions of this Bylaw, and subject in all cases to the i"ight .. of appeal to the Development Appeal Board, permits may be issued for the following Special Uses: (a) Day nurseries, schools.

kindergartens,

nursery

schools

and

play

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