Edmonton (Alta.) - 1973 - Zoning bylaw no. 2135, office consolidation copy no. 6 (1973-12, with...) by Edmonton Tower Resource Centre Online Library

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CITY OF ..:OMONTON

ZONING ·BYLAW OFFICE CONSOLIDATION COPY No. 6 DECEMBER /

1973

1246

CITY OF EDMONTON

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ZONING BYLAW OFFICE CONSOLIDATION COPY No. 6 DECEMBER -

1973

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NOTE

All persons making use of this office consolidation 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.

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City of Edmonton

ZONING BYLAW No. 2135 -CONTENTSSection Number

PART I

TITLE

DEFINITIONS------------------------------

PART II

GENERAL OPERATIVE CLAUSES --------------( l) 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--------------------(7) Appendices --------------------------(8) Preliminary Regional Plan ---------------(9) Conversion of Approved Service Station Sites in C-1 Commercial Districts ______________ _

PERMITIED DEVELOPMENTS ----------------(!) 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 Signs, 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 _______ _

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Section Number

(8)

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

(8A) 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 ---------------------------

10.

AMENDMENTS ---------------------------( 1) Application -------------------------(2) Prior consideration by Municipal Planning Commission -------------------------(3) Limit on frequency of application _________ _ ( 4) Payment and undertaking --------------(5) Council may direct repayment ___________ _ (6) Liability of applicant ------------------(7) Investigation by pirector ______________ :__ (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 --------------ENFORCEMENT---------------------------(!) Offences ---------------------------(2) Penalty ----------------------------(3) Investigation of Complaints--------------

PART Ill 11.

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

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Section Number

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(2) (3) (4) 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._s~~eet Vehicular Loading and Unloading Fac1llt1es --------------------- ______ _ ( 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 sites----------·---------Walkway-serviced multiple housing ______ _ (19) Property Identification Signs _____________ _ (20)

13.

SPECIAL PROVISIONS ----------------------( 1) Churches---------------------------(2) Drive-in businesses -------------------(2A) Car Washing Establishments ____________ _ (3) Service Stations ---------------------(4) Motels-----------------------------(5) Terraced Dwellings and Semi-detached, one-family dwellings ------------------(6) Terraced Dwellings for Individual Home Ownership ----------------------

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

PART IV

14.

15.

PREVIOUS BYLAWS -----------------------EFFECTIVE DATE PART V APPENDICES

16.

APPENDIX No. 1-DISTRICT SCHEDULES A-METROPOLITAN RECREATIONAL DISTRICT ____ _ (1)

(2)

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

Section Number (3) ( 4)

16-A.

Uses Which May Be Permitted Subject To The Special Approval of the Municipal Planning Commission -------------------------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) (2) (3)

Uses ------------------------------Regulations-------------------------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_I ~pproval of the Municipal Planning Comm1ss1on ------------------------( 4) Special Permitted Uses For Existing Subdivisions of Less Than the Minimum Area Permitted in This District ------------------------16-C-A AG-MR1 INDUSTRIAL RESERVE DISTRICT (1) Uses (2) Regulations 16-C-B AG-MR2 INDUSTRIAL RESERVE DISTRICT (1) General Purpose

16-D.

AR COUNTRY RESIDENCE DISTRICT __________ _ (1) (2)

16-E.

AS-AGRICULTURAL SMALL-HOLDING DISTRICT __ _ (1) (2)

17.

18.

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

AP·PUBLIC PARKS DISTRICT ----------------( 1) Uses ------------------------------(2) Regulations -------------------------RRA-RESTRICTED RESIDENTIAL DISTRICT ______ _ (1) (2) (3) ·

19.

Uses-----------------~------------

Regulations--------------------------

Uses ------------------------------Regulations -------------------------Uses Which Are Permitted Subject to The Right of Appea.1 To The Development Appeal Boo~ . .

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

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

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Section Number (3) 20.

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RRC-RESTRICTED RESIDENTIAL DISTRICT ______ _ (1) Uses ------------------------------(2) Regulations -------------------------(3). Uses Which Are Permitted Subject To The Right _of Appeal To the Development Appeal Board __

21.

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

21-A.

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23.

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

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

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

24.

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.

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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 --------( 1) (2)

General Purpose ---------------------Uses ------------------------------Regulations --------------------------

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Section Number (3) (!I-)

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 Appro~al .of The Municipal Planning Comm1ss1on -------------------------

R-5 MEDIUM DENSITY RESIDENTIAL DISTRICT ( 1)

(2) (3)

24-D

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

R-6 HIGH DENSITY RESIDENTIAL DISTRICT (1) Uses (2) Regulations (3) Uses Which Are Permitted Subject To The Rig'1t Of- Appeal To The Development Appeal Board

24-E

R-7 RESIDENTIAL Al'ID SPECIAL PURPOSE OFFICE DISTRICT ( 1) Uses (2) Regulations (3) Uses Which Are Permitted Subject To The Right Of Appeal To The Development Appeal Board

24-F

RMH-1 RESIDENTIAL MOBILE HOME PARK DISTRICT (1) Permitted Uses (2) Appearance (3) Regulations (4) Provisions

24-G

RMH-2 RESIDENTIAL MOBILE HOME SUBDIVISION DISTRICT (1) Permitted Uses (2) Regulations

25.

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

Uses ------------------------------Regulations __________________ ;. . ______ _

(3)

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

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Section Number 26.

C-2 COMMERCIAL DISTRICT -----------------(1) Uses ------------------------------(2) Regulations ------------'-------------(3) Uses Which Are Permitted Subject t6 The Right of Appeal To The Development Appeal Board

26-A

C-2A COMMERCIAL DISTRICT

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( 1) ( 2) (3)

26-B

C-3 GENERAL COMMERCIAL DISTRICT

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

( 1) (2) (3)

27.

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

C-7 (RESTRICTED) TOURIST COMMERCIAL DISTRICT -------------------------------(1) Uses -------------~---------------- (2) Regulations -------------------------(3) Uses Which Are Permitted Subject to The Right of Appeal To The Development Appeal Board __

27-A

C-8 HIGHWAY COMMERCIAL DISTRICT (1) Permitted Uses (2) Regulations

27-B

C-9 (1) (2) (3)

MAJOR ARTERIAL COMMERCIAL DISTRICT Permitted Uses Regulations Special 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 Are Permitted Subject To The Right Of Appeal To The Development Appeal Board

29.

M·2 INDUSTRIAL DISTRICT -----------------(1) Performance Standards -----------------

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Section Number

30.

31.

32.

33.

34.

35.

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

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P-2 PRIVATE SERVICE DISTRICT _____________ _ General Purpose ---------------------(1) Uses ------------------------------(2) Regulations -------------------------(3) Uses Which Are Permitted Subject to The Right of Appeal to The Development Appeal Board __ MA MUNICIPAL AIRPORT DISTRICT -----------General Purpose ---------------------(1) Uses ------------------------------(2) Regulations -------------------------p.3 RESIDENTIAL DISTRICT -----------------General Purpose ----------------------(!) Uses ------------------------------(2) Regulations --------------··----------(3) Uses Which Are Permitted Subject To The Right Of Appeal To The Development Appea I Board CD-1 COMPREHENSIVE DEVELOPMENT DISTRICT (1) Uses Permitted And Regulations (2) Requirements For Zoning

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â&#x20AC;˘e e 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.

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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".

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(!iC) "apartment-hotel" ir.eans ~ builtling or part of a building vith a princ!!lol cc=on ~ntr3ncd in \lhi.ch: (a) the dwellin:; units c·onsist of suites used prb111rily for lo~ger te~ o~cupuncy; (b) there 3ra individual 'coc:tin:; facil1t1.ea in each suite; (c) the suites are furnished inclc.'1."1g ?ishe·s anJ linen; aad '(d) o~c or ~ore of the following special services is provided:

Section 2

('!.) caid s<!rvice . (ii) cekp!ion.a, s~crec;iri.>l, or desk service

2·1 SEC. 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;

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(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;

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

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SEC. 2 Section 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 corporatio;i of The City of Edmonton, and where the context required, means the area comprised within the boundaries of the City;

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(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 inclt,Jdes 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 beca!-Jse of a delinquency, physical or mental deficiency, physical handicap or other cause requiring special care or supervision and may include an emergency receiving home or special treatment centre;

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(23) "Council" means the Council of the Municipal Corporation of the City of Edmonton; (23A) "Country residence" means a permanent Âˇdwelling of good construction at a scenic location within convenient commuting disÂˇ tance 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.

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 sides by the exterior walls of such building, or by such walls and the line or lines of an adjoining lot or lots; (25) "court, outer" means an open space, unoccupied from the ground upwards located on the same lot as the building which it serves, enclosed on three or more sides by the exterior walls of such building, or by such walls and the line of an adjoining lot or lots with at least one side or end extending to or opening upon a street or yard;

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(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 proÂˇ jections; 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;

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(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" means 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:.J to any such processes;

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e 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, repairing or reprocessing of articles or goods of fabrics is carried on at basement or ground level, by means of dry cleaning machines or units and incidental equipment (a) in which only non-inflammable solvents are or can be used, and

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( 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 retail service 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 yard 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 facilities intended or used permanently or semi-permanently as a residence, and having either separate or shared toilet facilities. Each dwelling unit shall be used for no other purpose than accommodating one family, except that: (a) two boarders may reside therein who eat with the family, or ( b) two lodgers or roamers may reside therein who do not normally eat within the dwelling; or Âˇ (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; '

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(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;

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Section 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 in.dividual 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;

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(43) 'iâ&#x20AC;˘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 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 Âˇpitched, 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

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By law

4990

(44A)."gross floor area" ceans the floor area of a building measured fro~ the outside finish of the \/all, provided thac, in tl':e case of a wall con~aining one or. core windo~s or openings 0 the'Development Officer cay use a measure~ent f~ the glazing ~ine of the ~indow or opening.

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"gross leaseable area" means the ffni shed floor area of the bu11d1nq

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excludes mechanical rooms, service

areas outside of the place of business, stalntells and ut i 1I ty cores.

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)

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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;

SEC. 2

Section 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; Âˇ(528) "mobile home" means a transportable single family dwelling unit suitable for long-term occupancy, designed to be transported on its own wheels and upon arriving at the site for location is, apart from incidental operations such as placement on foundation supports and connection to utilities, ready for occupancy. "moible home single-wide" means a mobile home consisting of a single unit designed to be towed in a single load. "mobile home double-wide" means a mobile home consisting of two sections separately towable, but designed to be joined together at the site to form one dwelling unit. "mobile home lot" means the space allotted for the parking of one mobile home in any mobile home park. (520) "mobile home park" means a parcel of land under one ownership which has been planned, divided into mobile home lots and improved for the placement of mobile homes for permanent residental use. (52C)

(52E) "mobile home subdivision" means an area designated RMH-2 under the Zoning Bylaw and subdivided by registered plan, containing lots for freehold or leasehold tenure.

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(53;,)

"Natural Resource Develop1!1ent" means the extraction on a Yite of raw materials found on or under the site or accessible from the site, including such usei as-gravel pits; oil wells, and stripping of top soil, but does not include the processing of -raw material obtained from sources other than on or under the site.

Section 2

SEC. 2

(52F) "mobile home subdivided lot" means a parcel of land in a mobile home subdivision for the placement of a mobile home and held under freehold or leasehold tenure. (52G) "mobile home stand" means an area within a mobile home subdivided lot upon which the unit is intended to be directly situated, or which is intended to be covered by the unit. (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 transientÂˇautomobile 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 (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;

SEC. 2

Section 2

(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 containing 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) "pr_ivate club" means an athletic, social or recreational organization not operated for profit, and includes the premises of a fraternal organization; (64) "public or quasi public building" includes a Church and any building which is used by the public for the purpose of assembly, instruction, culture or enlightenment or for a communal activity, but does not include a school, or a place of public entertainment for which an admission fee is customarily charged;

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(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 corn· munity purposes and includes the municipal corporation of The City of Edmonton, any other municipal corporation, a school board and a hospital board but not Her Majesty the Queen; (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;

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SEC. 2

Section 2

(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 owne::J 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)

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'public highway' means a highway subject to the direction, control and management of the Minister of Highways under The Public Highways Development Act; (688) 'public roadway' means a highway subject to the direction, control and management of the City under The Public Highways Development Act;". (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;

(7SA)

"Site" r.1eans an area of land consisting of one or more adjoining parcels or lots Âˇabutting on a street or lane.

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Section 2

(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;

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(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;

(78&) "special use" means a use listed in the District Schedules of this Bylaw and which is subject to appeal in accordance with Section 128 (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 o-r vehicular and pedestrian traffic;". "subdivide" or "subdivision" means a division of a parcel of land (82) 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 "tandem perk1nq~Âˇmeans two snaces, one behind the other ~ith one point of access to the rnanouevr1nq aisle.

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(87M) "use" r:ieans one or n:ore activities condu:ted c?on,

under, over, or in rela_tion to lands or ir.pro-..-er:ients thereon, and ~ithout restricting t~e . generality of the foregoing;, includes the erc-.non of buildings, the ex-.avation of land, the rr~s2nce and use of fixtures a~d chat:els on la~d or in _ buildings, and all occupatic~s and activities o"persons occurring upon land or ~ithin buildinbs. ,

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Bylaw

Section 2 4991 SEC. 2 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; (85A) "tourist trailer park" means a parcel of land which has been planned, divided into lots and improved for the seasonal use of holiday trailers, motor homes, campers and other tourist vehicles not used as year-round accommodation for residential use. (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 s~miÂˇ detached, 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; (87C) 'walkway' means a public roadway designed for use by pedestrian traffic; (870) '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;"

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(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;

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Section 2

(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.

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PART II.

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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 be 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 conÂˇ structing 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.

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 any registered or filed plan and whether or not it is developed and in use. (b) Notwithstanding anything contained in this Bylaw, no zoning shall be deemed to apply to any highway and any highway may be designed, constructed, widened, altered, redesigned and maintained in such manner as may be determined by the City Engineer and no permit shall be required therefor. (c) For the purpose of a new highway and for the widening, altering, or redesigning of an existing highway and land acquired by the City by grant, purchase or expropriation shall not, following such grant, purchase or expropriation, be deemed to be subject to the zoning formerly applicable thereto, if any, and such zoning shall thenceforth be deemed to terminate. (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 qdopted 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-l Commercial District shall require the prior approval of the Zoning Committee, which shall have due regard to the amenities of the district.

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â&#x20AC;˘ Section 4

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

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( 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.

(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

( e) Boarders, Lodgers and Foster Children. The keeping of not more than two boarders or lodgers or four foster children in each dwelling unit.

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.Âˇ (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 bÂˇulletins 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.

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(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 By!aw:

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Section 4

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Column (b)

Column (a) From:

To:

A dwelling house con· taining oae 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 off ice 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.

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( 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 Board Act, or (vi) rights of way of railways, or (vii) any other thing that the Lieutenant Governor in Council may determine.

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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) (iii)

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

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BYLAW NO. 4882 A Bylaw to amend Bylaw No. 2135 being The Zoning Bylaw of The City of Edmonton and Bylaw No. 2624 being the Development Control Bylaw of The City of Edmonton 1. Bylaw No. 2135 as amended, being the Zoning Bylaw for the City of Edmonton, is hereby further amended by: (a)

adding to Section 5, entitled "Procedure Respecting A lications to Develo and Duties and Res onsibilities of the Director", the follbwing new subsections 3A and (38) immediately following subsection (3):

Class

Conm1erci a1

Fee

Interior and exterior alterations and repairs; change of occupancy, demolition.

$25.00

Restaurant, retail stores, motels, service stations and gas bars, commercial additions, walk-up office structures.

$75.00

Hotels, high rise office buildings, shopping centres and other major commercial applications.

$150.00

Car lots, trailer sales, parking garages or lots.

Industrial

Class

$25.00

Fee

Interior and exterior alterations and repairs, change of occupancy, demolition, miscellaneous installation of underground tanks.

$25.00

Primarily single occupancy developments for warehouse storage, repair, manufacture processing and service centres.

$75.00

Multiple tenancy industrial structures.

Class

Miscellaneous

$100.00

Fee

Signs

$20.00

Public service buildings such as churches, schools, auditoriums, fire halls, police stations, health clinics, provided that Governmental facilities such as office buildings shall be regarded as commercial buildings for the purpose of determining fees.

$30.00

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(3A)

Application Fees. (a) Every application shall be accompanied by the required fee as set out in the Fee Schedule contained in Subsection (38) hereof; (b) In any case where the required fee is not listed in the fee schedule, such fee shall be determined by the Development Officer and shall be consistent with those fees listed in the schedule for similar developments; (c) Where, pursuant to the provisions of this Bylaw, the application will require notification to adjoining property owners, the applicant shall pay in addition to the fee specified in Subsection {3A)(a) a fee of $35.00, except that such fee shall not be required for applications for developments within the class of developments described in Class One (1) or Class Two (2) of the Fee Schedule. (d) Where, in the opinion of the Development Officer, the application is substantially revised, the applicant, prior to reconsideration of the application, shall pay, in addition to the fee specified in Subsection (3A)(a) and any fee required by Subsection {3A){c), a fee equal to fifty percent (50%) of the initial application fee, except that such additional fee shall not be required in instances where improvements suggested by the Development Officer result in substantial revision.

(3B)

Fee Schedule.

Class

Residential

Fee

Interior and exterior alterations and repairs, home crafts, and other minor developments.

$3.00

Garages, covered patios and carports, and fences.

$5.00

One and two family dwellings, additions, mobile homes, boarding houses, basement suites, demolition of dwellings.

$20.00

Multi-family dwellings with three or more units contained in one building and multiple housing projects, consisting of more than one building per site, including terraced dwellings and walkup apartment buildings.

$50.00

Highrise apartment buildings in excess of four floors of dwelling units.

$75.00

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Section 5

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(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: A plan of survey by an Alber.ta Land Surveyor. ( i) (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. (e) That when an application for a Zoning Certificate is submitted to the Development Officer for the development of a parcel of land adjacent to, or partially or wholly contained within, the limit of the North Saskatchewan River Valley or its ravine system, the application shall contain information regarding the existing and proposed grades and the final grade shall be to the satisfaction of the Development Officer the said application having first been referred to the Parks and Recreation Department for comment. ( 4) Form of application. (a) (i) The form to be completed Âˇby each applicant, and someÂˇ times 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 BuildÂˇ ing 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.

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Section 5

SEC. 5

( 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. (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 Appli~ations. 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 applicatlons. 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 Muni.cipal Planning Commission, as the case may be. (b) If an application does not comply with

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Section 5

SEC. 5 the prov1s1ons of this Bylaw, or 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. "Giving of notice ~f. de.;-i~i.o~s· ·o~ appll~ati.,"~~ ~~d. ~f th;· ~lght .of. ( 8) Permitted Uses. ;~r,eal is subject to the provisions of Subsection (15) of Section (i) (ii)

(a) Subject to Subsection (SA) 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 (6A), (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.

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"Giving of notice of decisions on applications and of the right of ;~eeal is subject to the provisions of Subsection (15) of Section

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. "Giving of notice of decisiona on epplicationa and of the right of appeal is subject to the provisions of Subsection (15) of Section

5."

Section 5

SEC. · 5

( 98) Approved Applications. (a) When an application for a use other than a Special Use has been approved by the Officer or the Municipal Planning Commission and any conditions of approval, save those of a contin·uing 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. (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 Of 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). (10) Public. inspection of development applications. The file of development applications in the Planning Department shall be kept available for inspection by any person at any reasonable · time. (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.

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SEC: 5 · Section 5 (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. · (c) Where the erection; construction, enlargement, alteration, repair, removal or demolition of a building o~ any excavation or work is being carried out or any land or buil'i'.Ji'Qg,"is used otherwise than in ·accordance with this Bylaw, Council by. written notice, ei.ther. 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 LIPOn .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.

Section 5

SEC. 5

( 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. (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.

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~5J''Hot1fJcation Regarding Decisions on Applications ~

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Not~ithstending

SubsP.ctions (7)(b), (9) and (9A) of Section 5 0 should the City Com~issioners determine that because of disruption of the mail service i t is not possible to give notice by r;ail of decisions on applications and of the right of appeal, then the City Commissioneers may direct that in place of such notice by mail, a notice shall be published in e newspaper circulating in the City of &dmonton."

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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 members 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.

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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) ÂˇWhenever 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.

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SEC .. 8

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

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DEVELOPMENT APPEAL BOARD

Section 8

(lA)

<?>~!Y'embership.

(a) (b) 路{ c)

. (d) (e)

_ Th~oar shall be composed of......_a ..Ct18iLman~nd ~ o~,~ me ers ap intecf'bQncu~Jy fo~ee-~ te~ o~ce by re_ lution .o e Co~il. " _ . A member of the Board shall not be dismissed except for cause:路 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. The Board shall not include officials or servants of the Council or members of the Municipal Planning Commission. 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. 路路

( 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. -

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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 may confirm, reverse or vary the decision appealed from ( i) 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.

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ffi r,ht of /\ppc.al

"(111)

(a)

/In aggrieved person may appeal the decision of a Dcvclopmcn r. O[ fie er or 1-iunic i pal l' lann"Lng Co;m:1iss i.on made by ~crving written notice of appenl on the Secrct21ry of the DcÂˇvelop:;ic,nt Appe.:l !',o<:rd \vithi n 14 days afLcr the notice of the decision is mailed or posted on the site of the p::opose.d <lcvelop~:ent or published in a newspaper circulatini;, in the area.

(b)

Notwithstamt.i.ng Subsection (a), no appeal lies to the Development Appeal Board when the deci~:ion of the Development Officer or Municipal l'l11nr.ing Co:nnission is one of approval for a proposed development in a zone under a Zoning l3yl;1:~ <rnd the proposed development complies in every respect with the provisions of the Bylaw relatci.ng to permitted uses for that zone.

(c)

(a)

An application for a Development Permit.shall, at the option of the applicant, be <leemed to be refused - when the decision by the De'.'P.lop''H~nt Officer or the Municipal Planning Corr.missJ.0~1 thereon j_s not made within 40 days after receipt of the applicarion in its complete and final form, and the applicant ~ay appeal in writing to the Development Appeal Board as provided in Subsection (a) as though he had rcct"ived a rcfus~l nt the end of the period specified in this Subscctio::i."

T!ie Board ~::1<;]_l be l:Ornpo:~hl 1:;c:n1bcrs to b<: appoiLtcd fo1: by H:soluU.on of Counci.l,

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a Clwin:'.;_in and six other o;ie (1) ;:t.:<Jr tc.:ri:t o[ office

On the deposit of a Notice of Appeal the a??ellant shall pay to the City, where the appellant_does not h~veÂˇa legal or equitable interest in the site or is not the agent of a person having such interest, r fee in the sum. of

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a:i.d:

where the appellant does 'have such an interest o: is the age,.; of the person having such an interest, the fee shall be on the cost, as estimated by the

Develop:>e~t

calc~lated

Officer, of the

proposed development as follows: All signs: $10.JOO or less:

$10,000.0l to $25,000: $25,000.0l to $50,000: $50,000.0l to $100,000: $100,000.0l to $500,000: $500,000.01 or morel

$ S0-00

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100.00 300.00 5\l;J.00 l,000.00

SEC. 8

Section 8

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(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. 路 (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 writ路 ing to the Board. (f) All decisions of the Board may be examined by any person路 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 Ap~al, the appellant shall pay to.\he C y, where the adpellant i not ~ownNof t~e site or l\is ag t, a fee in t~ sum o $15. an wher\ the appeH.ent is e owne of tR~ site or His agen \the e sha't~~e . calcula~d on he cost~;,._ as ~timated\by the~Development Officer, o.f the proposed aevelopment as~hllows. "(.路 ".:_, ....._ ~ Estimated cost

o,oola.oo

Fee

o less $ 0,000\91 to ,25, 0.00 $ ,(000.~~1 to$ p,o <il:OO

$50;~o.o1\!o $110,00~

$100~ 00.01'1io..$5 000.00 $500,0 .01 or more (i)

$~00 $2 . 0 ~o~

0.00 . 0

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.

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SEC. 8

(j)

("I)

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 in路 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.

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Compliance with Subsection (9) (j) hereof, may be waived by .the Board路 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路 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路 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.

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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 pro· visions of this Section before it considers the amendment proposed by such person. (3) Limit on frequency of application. Notwithstanding anything contained in this Section or in this part, . a proposed amendment which has been rejected by the Council within the previous twelve months shall not be reconsidered unless Council otherwise directs. ( 4) Payment and undertaking. A person making an application to the Municipal Planning Commission for an amendment to this Bylaw for a purpose other than the clarifica· tion of an existing provision of this Bylaw shall (a) pay the City an application fee of $100.00, 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 d_irect that the application fee be returned to the · applicant and that the City pay the expense which the applicant has agreed to pay, pursuant to the provisions of Subsection ( 4) hereof.

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( 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:

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

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(8) Preliminary examination. The Municipal Planning Commission shall (a) Âˇ 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. Mu'nicipal 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

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(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 Commission and the report of the Director and other relevant material, if any, and the Council shall then consider the proposed amendment.

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SEC. 9

Section 9

( 11) Proposed amendments may originate from Municipal Planning Commission. Municipal Planning Commission may at any time on its own motion, present for the consideration of Counci I 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.

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(13) Preliminary Regional Plan. (a) Notwithstanding anything contained in this Bylaw no amend· ment 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 Edman· ton Regional Planning Commission on January 8th, 1958, or as the same may be amended or that conflicts with or is in· consistent 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 con· sidered by the Council the applicant must cause the said Pre· liminary 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.

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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 pe·rmits 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 perso"n 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 ytho 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.

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PART Ill.

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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 AG-MR1 AG-MR2 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 RMH-1 RMH-2 C-1 C-2 C-2A C-3 C-7 C-8 C-9 M-1 M-2 M-3 P-1 P-2 MA

16 Metropolitan Recreational· District 16-A Agricultural Urban Reserve District 16-B Agricultural General Urban District 16-C Agricultural District 16-C-A Industrial Reserve District 16-C-B Industrial Reserve District Country Residence District 16-D Agricultural Small-Holding District 16-E Pub I ic Parks District · 17 Restricted Residential District 18 Restricted Residential District 19 Restricted Residential District 20 Residential District 21 . Residential Conversion District 21-A ·22 Residential District Residential District 23 Residential District 24 24-A Medium Density Suburban Residential District General Residential District 24-B Medium Density Residential District 24-C High Density Residential District 24-D Residential and Special Purpose Office District 24-!; Residential Mobile Home Park District 24-F Residential Mobile Home Subdivision District 24-G Commercial District 25 Commercial District 26 Commerical District 26-A 26-B General Commercial District (Restricted) Tourist Commercial District 27 Highway Commercial District 27-A Major Arterial Commercial District 27-B . 28 Industrial District Industrial District 29 Industrial District 30 Public Service District 31 Private Service District 32 Municipal Airport District 33

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Section 11

P-3 Residential District 34 CD-1 Comprehensive Development District 35 (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.

( 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 specifically indicated on the Zoning Map shall be determined by the scale of the map; (g) where features existing on the ground are at variance with

those shown on the Zoning Map, or in other circumstances not covered by Subsection (4) (a), (b), (c), (d), (e), (f) hereof, the Municipal Planning Commission shall interprete the district boundaries, and such decision may be appealed to Council.

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Section 12

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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 in the case of an interior lot, and a mean width of. fifth-five feet and an area of seventyfive hundred square feet in the case of a corner lot, 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 R-2A 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.

Âˇ(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

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SEC. 12

than 25 feet and an area of not less than 3,500 square feet for an interior unit parcel, or a mean width of 30 feet and an area of not less than 4,000 square feet for a corner unit parcel, 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 may be subdivided and each new lot shall have a mean width of not less than 20 feet and an area of not less than 3,500 square feet. (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 dimen· sions 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 accord· ance 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 has an area of not less than five thousand square feet ( i) 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 accord· ance with the Subdivision and Transfer Regulations, a person may erect on the site a two.family dwelling if the ,site is located ir'l 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.

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( 3) Projection into Yards. The following features may project into a required yard: (a) Verandas, porches, eaves, shade projections, bay or oriel windows, chimney breasts or parts of chimney, belt courses, sills, balconies, together with any other architectural features which, in the opinion of the Director are of a similar character, provided such proj~tions do not exceed 24 inches in the case of required yards~ feet and over, and 18 inches for required yards less than4-feet, unless otherwise approved by the Director. (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 VÂˇ.tall 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 t.he 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) 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 <ind when such site is of less area than other sites in the immediate locality, the person

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SEC. 12 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. (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. (d) Notwithstanding subsections (a), (b) and (c) of this section a person shall not construct a fence on a site which abuts a public walkway which is higher than six feet for the portion of the fence located between the minimum building setback from the public roadway and the minimum building setback from the walkway and three feet for that portion of the fence located within such minimum building setbacks. (e) Notwithstanding subsection (7) (d) of this section a person may build a fence to a maximum height of six feet within the minimum building setback from a major walkway. In this subsection major walkway shall refer to a walkway having generally a width of 40 feet. Âˇ ( 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,

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Section 12

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 a!1d 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 ( B) he provides a turning space on the site connected to the driveway so that every motor vehicle leaving the site by such driveway will face the thoroughfare which the driveway enters; and (C) he causes the driveway to enter such thoroughfare at a location on the common boundary to the satisfaction of the City Engineer. ( 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.

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SEC. 12

(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 building 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 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 <JS 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 Di rector. ( 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:

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Section 12

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(a) Use of Building

or Site ( i) Retail Store, in· dustry or ware· house or similar use

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.

(ii) Office Building, place of public assembly, hospital, convales· cent home, insti· tution, club or lodge, public uti· lity, school or for any other similar use

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

1 1 additional

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

(b) Access to Loading and Unloading Space. Where the site abuts a lane, vehicular access to the loading space shall be provided from such lane. Access shall be so arranged that no backing or turning movements of vehicles going. to or from the site causes interference with traffic on the adjoin· 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.

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Section 12 (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 hardsurfaced. (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 ~ji t . 1â&#x20AC;˘ (iii) Notwithstanding anything in this Subsection (11) (e) contained, if the street or lane from which access is available to any required loading or unloading space to a building or a dock is hardsurfaced after the time at which the loading or unloading space is provided or required, the person responsible for the construction or maintenance of such loading or unloading space shall forthwith hardsurface such loading or unloading space to a building or a dock and the access thereto and the whole area contained within the City land to which the curb crossing permit applies. a

(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 required loading and unloading facilities for any other use, U!J.less otherwise approved by the â&#x20AC;˘mÂĽ a. ])etJtrto,llfEllT UrP1c.ell . ( 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:

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SEC. 12

(a) Number of Spaces. The number of off-street parking spaces required for any develop路 ment 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.

A~q~ea~s~ an~xit

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fl!Qm in 路 idua~ac~is b\.._1\':0路 a all t es IJ~mean~o~~R_obstr ted ~oe~i~~s he satis a tiofi"""'df th~irebto,o.

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(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路 street parking facilities shall be determined as the sum of the requirements for the uses computed separately. Off-street parking

Section 12

( 13) Development and Maintenance Requirements for Public and Private Parking Areas. When any ~development takes place, or when any existing development is in f e opinion of the Director substantially enlarged or increased in e>a city public and private off-street parking shall also be developetJ and maintained in accordance with the following further requirements:

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(a) Frontyard~nd 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 residential building, it shall be no closer than 5 feet from such building. ( 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 theÂˇ 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

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(c)

Access to Spaces Ade~~ate

access to and exit from individual narklno

sraces Is to be

orovld~d

at all times by means of

uno:structed manoeuvrlnq aisles and to the satisfaction of t"e Develo!'lm"!nt 'lfficer exceot where otheNlse indi(ated In this bylaw.

( f)

Different Uses of the Same Site In the case of the multiple use of a site the Development .Officer shall calculate the parking required for each individual use and this shall be deemed to be the required 'arking for

t~e

site, unless the applicant can othenilse

demonstrate to the Development Officer that there Is a :omolementary or overlapping use of the Parking facilities w~ich

would w!rrant a reduction in the oarking

req~ire~ents.

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Parking Schedule ~hen

any new development takes p1ac~ or when any existing develorment 1s, in t~e oninion of the Development Officer, substantially enlarged or increas~d in caoacity, then orovision shall be made f'or off streE>t veh~cu1ar harkinC1 or ~araqe spaces for any develOnment in ariy district defined in this Byl aw, 1n accordance 1>Ji th the fo 11 o•'>'i nq standards; nrovided that excer.tions·to these standards may be made where the anolicant can othen'>'ise demonstrate that the develonment can be imnroved by~ reduction of the following standards, tie Oevelooment Officer may reduce the required standards to gain an overall imorovemert to the development but in no case, with the excention of' homes for the aqed, shall it be less than one narkinq space ner d\~ellinq unit. Minimum number of Parking or Garage Snaces Qeguired

Ilse of Bu11dinq or Site RESIDE~TIAL

One and Two Family

l narking or qaraqe

l'lwellin~s

spac~

per dwellinq unit olus

nrovision shall be made for 1 additional soace on the

site, with suitable acc~ss and this additional SQace may be in tanden. ~iOTE:

Anartment Buildin~s and Terraced Dwellinas

a front yard driveway orovides access to a oarking space that is not ''Ii thin t1e front .vard, the Oevelonment Off'i cer mily cons i"rler this drive1~av as the nrovision of a second car oarkinq snace that is in tandem. ~

1.~here

l nark.in() snilce ,.,er bachelor dwellinq unit, l nark i nQ soace ner bedroom dwell in11· unit, 1.5 n·arkinq soace per 2 bedroom d~1ellinri unit, 1.75 narkinq spaces ner 3 bedroom dwelling unit or tarrier.

Yse of 0uildf nq or Site

~~inimum

A.pa-rtment Ruildin!'.!S and

of the total number of ~arkin~ srace~ reouired l snace oer ~verv 7 dwellina units must be assi;ir;e1 to !lUest parking, readfl~ available to an entrance of t~n buildino to be served,

numbeo of Parkino or Gara_~ Spaces_ Required

Terraced Owellinqs (Continued)

and nll.'~t be clearly identified as qv~st parking.

Tf'\e :.:.,1elopment Officer may accep1 tandem parking soaces of a r,,;mber that is equivalent to ttie tot;il reouired oarkinci minus the total number of dwell~~~ units, minus the total visit.Jr- oarking required.

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l ner 2 beds.

Lodging House, Fraternity Houses C0'1"1ERCJAL

3.2 per 1,000 square feet of

Busfness 1 Adl'lfnfstrative and Professional Offices and 3anks

~ross

floor area in the

buil~inQ.

Reta i 1 Shons, P~rsona 1 Service Sho11s and Equipment and ~eoafr Shoos 1<1tth

a gross floor area of: 2 ner 1 /100 square> fl.!et of

less than 20,000 square feet

•1ross

~(!

buildi~~~~l••i,.

20,000 square- feet to feet

more than

200,0~0

square feet

square

3 oer l ,OOO square

f~et of nross leaJeJ1'~e area in the buildinq . • ,.,,..

4 ner l ,OOO square feet of qross lsaJeaBle area in the building.+looW"'

Eatfnq Establishments

ner 4 seats

Cocktail Bars

oer 4 seats

Beer Parlours

oer 4 seats

Hotels, fncludfno V.otor Motels

~otels

area in the

!ler 9ues t room

ner dwellinlJ or sleening unit

,,-,__

._. \ ~inimum

number of Parkinn or Garage Soaces Required

AIJ01T0RIU 1-IS

l ner 3.5 seatinn snaces for the nublic, or 1 oer-35 square feet used by the natrons, whichever is qreater.

auditoriu~s fncludin~ t~eatres, convention '1alls. 11ymnasiums, race tracks, exhibition ~alls, labour

Duhlic assembly

temnles, lodqe halls, 1Jrivate clubs,

ball narks and other snorts arenas anrl other recreational or amusement places. 1 ner 15 seatina spaces

Churches-

1 ner 5 seats for oer~ons attendinq services plus 1

Funeral Homes

soace oer funeral home vehicle. {The Development Officer may allow any suitable arrangement

of the required oarking soaces without the nonna 1 ly required

orovision of manoeuvring aisles.)

SCHMLS

soace for each classroom.

Public or Private Elementary and Junior Hiqh Schools

soace for-each classroom olus 1 soace for every 33 students.

Public or Private Senior tli qh Sctiools 1~hich 00 NJ)T include an Judi to1Âˇium.-~1sium or swir1111i11'1 oool. Public or Private Senfor H1qh Schools 1Âˇ11-ticli Dfl inclurle -11'1 auditorium, nymnasium or swimminq nool. either {i) or (ii) or (iii) shall apply, whichever is qreatPSt.

( 1)

soace for each c 1assroum ol us soace for everv 33 students

or (ii)

1 space per 3.5 seatfnq snaces used for assembly in an auditorium qymnasfum or swfrrrning pool

or (if1)

Co11eqes. Universities. '3us1ness or ~orrrnercial or Technical Schools

1 soace per 35 square feet used for assembly in an ~udttoriuM, qvmnasium or swirrmfnq pool. whichever is greatest. 1 ner 10 seats~ rlus auditorium requirements where aoolicable.

HOSPITALS A'D SIMIL~R USES

Hosoitals, Sanatoriums, Convalescent H~rnes or similar uses.

1 oer 1 .~oo square feet of qross floor area.

•

'..ise (If :.\u11dinri or S1tl>? 110•'IPS, f~r the i\rtPd

(1'1d1vidu.i.l 1Jn1t urojects) i-i<'"'lt'~

ror

t'1e ~ciea ~iod.o~·tyo~ acco!!'fll0dat1on)

Mtnimum n1Jmher of

Parkin~

or \tara~e Spacts Reau1r&d

1 ner 4 un1ts or such ratio or ~untctQll Planntna Connisston may aDorove.

number as the

1 oer 1,000 square.feet of qross ftoor area or sue~ ratio as the ~un1t1nal Planntn~

COINll1ss1on

may aop rove.

l~DUSTRl~L

1i1a11uf.'lctur1nq and tndu1tr1al Plants 1 ~11re~ou11nQ, ~~hol1sale and Storaoe bu11d1ngs and yards 1 S11r'/1cinn .\nd Reoa1r establ1s~ments 1 qesearch L~borator1es and Pub11c Ut111ty

-·

1 ne,. 3 emflloyetl on a mex1mum.

worklnq snlft bllt not hn tnan ,.-..... 5 sl)aces oer tenant or 1stabltsh1M11,

qul1dlngs,

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SEC. 12

Section 12

Schools. ~/ . (a) Public or private ,,refementary, , 1 per two employees,.. lf a Senior High junior and senior high schools. ,/ School includes a,A/auditorium, gym· nasium of swimming ~I available to / the public, ad,d11 per 1 ,o sq. ft. used ;/ fo~emblt1 ,

( b) Colleges, pusiness or coMmer: cial orJchnical sc -~Js~

"Hospitals and similar

convales-~1

HolT!es far tli~ agea

P,er 1,000 sq.

',/

gross flbor

f) 11 "·. 1.6r su Q

yav

Homes for the agea~(lodge-typ

accomm~ tion)

Industrial,

audito~~uo/

/h,per 4 units ratio or ~numbe~ ~s thejMunicipal\f'lanning Com'm~1on approve. ~

(ingividual~unh,,~ojects).

plus

I ·-. . A

ar,e~.

'·

te~lats,

requiremen~s...,_where applica,.;:~J~

up~-

Hospitals( sanatoriums, cent ho~"as or similar1uses.

I"-

1 per

11 ~nufact~hg ~~ d lndus~ Plants,

W~housing, '~c ale and Sto,t<!ge build~g_s an~' yar.ds, S~vicing and Repair establ1shment~~eci.rch Laboratories i1ld..P blic l)tilify Buildings. ;,

. I

1 per 1,000 sq. ft. of gross floor area or JU'ffr. ratio as the Municipal PI an~.~ g C'Orrim issi on may

'prove.". , ,~ /' 1 /per 4 employees on maximum )Y~rking sh1 ~ovided ho':"'ever, that 1/th1s standard be vaned .by the / Director. ,I ,·

(15 )/General Provisions in Resp~ct of Restrictecf Residential .Districts. The following information/shall be provig/ci with the ~p~lication for a permit, together with any additional ir:iformation which the Director may require to properly consider the application: .? '; (/ 1/ . 1/ / . (a) Site Plan. 11 / 1 A site plan sh-£11 be provided 'giving the following information: ( i) Front, side and rear yard distances. (ii) The;outline of the)·oof overhang.· (iii) N~?'rth point. / (iv) -Y:tie location of the principal building, any proposed garage 1:and accessory buildings, fences, driveways and paved :J ;; .') areas. / . . The location of the site' in relation .to· abutting streets, avenues ~il"d lanes. / ,-· : ) The legafdescription of the property:' /' (vii) The inlication on ijJ site plan ?.!fthe minimUll)fbuilding lines in respect to front, side anyrear yards./ I

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Section 12

SEC. 12

( 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. (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

SEC. 12

Section 12

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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 Sites (a) Application This subsection (18) applies to any site immediately abutting a walkway system and designated on Appendix No. 2 fo this bylaw as R-1 Residential District or R-2 Residential District. ( b)

(c)

Setbacks

(i)

Any building on a site shall be not less than 15 feet from a public roadway.

(ii)

Any building on a site shall be not less than 15 feet from the property line abutting a walkway except in the case of a flanking walkway where the provisions of subsection (c) of this subsection shall apply.

Sideyards Any building on a site shall be located from interior lot lines including lot lines abutting a flanking walkway or utility lot a distance totalling not less than 20 percent of the mean lot width subject in all cases to the following limitations and exceptions.

(i)

The minimum sideyard from an interior site lot line to the principal building shall be four feet.

(ii)

If an attached or detached private garage, carport or accessory building is located on a site at a distance less than 60 feet from a public roadway the minimum required sideyards for the garage, carport or accessory building shall be identical to those required for the principal building located on the site.

(iii)

If a detached private garage, carport or accessory building is located on a site at a distance of 60 feet or greater from the public roadway, the minimum sideyards shall be three feet.

(iv)

In the case of a semi-detached dwelling located on a site each sideyard shall be equal to a minimum distance of 10 percent of the width of the site containing two dwelling units or a sideyard of a minimum of 20 percent of the width of the lot where each dwelling unit is located on a separate lot, provided that where such a sideyard is required for use as access to any existing or proposed private garage or carport the sideyard shal I be not less than 1O feet in width.

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Section 12

SEC. 12

(d) Exterior Finish. In the case of a lot abutting a walkway the exterior walls of all buildings or structures shall be finished in a like or similar manner to the satisfaction of the Development Officer having due regard to the double fronting nature of the site. (e) Provision for Accessory Buildings. No Development Permit for the development of a site shall be issued where because of the type or location of the proposed principal building the site is not capable of accommodating a private garage conforming with relevant site development standards and minimum dimensions of 20 feet by 22 feet. (f) Access. Each site must be capable of providing an access lane of not less than 10 feet in width for any garage or carport existing " or proposed.

( 19) Walkway-serviced multiple housing

(a)

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

designated on Appendix No. 2 to this Bylaw 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.

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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) the location of all private walks and (ii)

the linkage between such walks and the walkway system.". (20) Property Identification Signs (a)

Locations In al I new suqurban areas on sites zoned for: (i) Residential development of densities of R-2A or higher (including the R-2A, R-3, R-3A, R-5 and P-3 zones), and (ii) 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

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BYLAW 4900 SECTION 12

(a)

(21)

When any new development takes place or when any existing development is, in the opinion of the Development Officer, substantially enlarged or increased in capacity, then provision shall be made for landscaping in any District defined in this Subsection, in accordance with the standards contained in this Subsection.

Districts and Uses required to provide landscaping. (i)

This subsectfon shall apply to the site area to be devoted to open.space in every district in which yards are required or a certain percentage of site coverage is specified. Unless otherwise specified in the District Schedule, the following districts are excempt from this subsection: A, AG-UR, AG-U (except where the provisions of Section 16 - B(3) apply), AG, AR, AS, P-1, except those uses permitted under section 31, subsection (l)(j), RRA, RRB, RRC, R-1, RC-1, R-2.

(ii)

Where a parking lot having eight or more parking stalls, a trash collection area, an open storage area, or an outdoor service area, including loading, unloading and vehicular service areas, is visible from an adjoining residential or commercial property or public roadway, a screen planting shall be required in accordance with clauses (b) and (c) of this subsection. The location, length, thickness and height of a required screen planting will be sufficient to obscure direct view from an adjoining residential or commercial property or public roadway. Âˇ In the case of bulk outdoor storage, including but not limited.to auto wrecking, lumber yards, pipe storage and like uses, where, because of height or visual offensiveness, a screen planting would not be sufficient, a decorative fence, earth berm or combination thereof, with sufficient height '1".o block the view, shall be substituted. Where, because of conditions contrary to good horticultural practices, a screen planting cannot reasonably be expected to survive, the Development Officer shall require a masonry wall, wood fence or earth berm, or combination thereof to be substituted.

(b)

Regulations. In all development applications in districts subject to Subsection (21) the following regulations apply:

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,(i)

Every development application shall be accompanied by landscaping plans, containing the following information: (A)

all physical features, existing or proposed, including shrubs, trees, flower beds, berms, contours, walls, fences and outdoor_ furniture;

(B)

shrubs and trees whether existing or proposed, labelled by their common name, botanical name and size;

(C)

all plant material, distinguishing between existing and proposed, and indicating those trees to be removed as a result of the proposed construction;

(D)

the location of underground utilities, fire hydrants, overhead utilities and boulevard trees, to ensure that appropriate clearance is provided;

(E)

where required by the Development Officer, a statement of the affect the proposed development and proposed landscaping in terms of shade, wind and other environmental considerations.

(ii)

Notwithstanding the provisions of Subsection (1) (A) - (E) above, the Development Officer may consider an application if, in his opinion, the development is of such a nature as to enable the decision to be made on the application without all of the information required in that subsection.

(iii)

When considered appropriate by the Development Officer, he will consult with the Superintendent of Parks and Recreation in regard to the landscaping plans.

(iv)

In the event that planting material required in an . approved development is inappropriate, or fails to survive, the Applicant or the Development Officer, or both, may request at the planting stage that alternative materials be substituted. Such substitution of material may be referred to the Superintendent of Parks and Recreation for certification as to its suitability. The Development Officer may then approve or require such substitution.

(v)

The owner of the property, his successors or assigns shall be responsible for landscaping and proper maintenance.

(vi)

Wherever landscaping required by this subsection is continue_d onto or over property or right-of-way owned by the City the landscaping and planting shall be carried out in accordance with Boulevard Bylaw No. 2107 as amended from time to time.

.. '

(vii)

Where the Development Officer determines that it is practical, existing vegetation shall be preserved and enhanced.

(c)

Specifications (i)

Trees: (A)

In residential districts one tree is required for each 1,000 square feet (90 square meters) of required open space.

(B)

In commercial districts one tree is required for each 1,000 square feet (90 square meters) of required open space or SOO square feet (45 square meters) of required yard space, whichever is applicable.

(C)

In industrial districts one tree is required for each SOO square feet (45 square meters) of required yard space.

(D)

Trees required by this subsection will be: 1 3/4 inch - 2 inch (5 cm.) d.b.h. trunk measure for deciduous trees; 7 foot - 8 foot (2.4 meter) height for evergreen trees.

(E)

The proportion of deciduous and evergreen trees required by this subsection will be approximately 60:40.

(F)

Where new tree plantings are otherwise required, existing trees having a height of 7 feet (2.1 meters) may be used, if earth under the normal spread of branches for the species (measured as an equilateral triangle from the top of the trees) remains undisturbed during construction.

(ii) Screen Planting: (A)

(B)

All screen plantings required by this subsection shall consist of evergreen trees or shrubs and/or flowering trees or shrubs, according to the specifications for tree planting contained in (C) above, or evergreen plants at least 15 inches (38 cm.) in height when planted, or deciduous plants at least 24 inches (38 cm.) in height when _planted. All screen plantings required by this subsection shall be pruned so as to provide a a maximum opacity from the ground to a height of 5 feet (1.5 meters).

....... .. (iii)

Where, in the opinion of the Development Officer, it is not practical to have permanent planting, landscaping may be provided by the use of planters. Such planters shall have sufficient soil and be of adequate design to support the proposed plantings, and a long term maintenance program shall be guaranteed.

(iv)

All planting material used shall be hardy to the Edmonton region and to the location on the site where they are planted. The Alberta Horticultural Guide shall be used as a reference in selecting plants.

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SEC. 12

Section 12 information sign, or signs. Such sign, or signs, shall be erected at 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. Such signs as erected shall be of a maximum height above ground of six feet with a maximum area of 32 square feet.

(c)

Information Such signs as erected shall contain the following information, where available: · (i)

The type of project proposed together with, if possible, an estimate of the number of residential units proposed and the height of the proposed structures,

(iii)

The estimated date of commencement of the project,

(iv)

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.

(v) ( d)

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

(ii)

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

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Section 13

SPECIAL PROVISIONS

SEC. 13

( 1) Churches. A person applying to develop a site as a church, where permittec;f 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 Âˇchurch, the combined area of the site shall be not less than 15,000 square feet. (c) The front, side and rear building lines in the case of church sites shall be those permitted within the district in which such church site is located. (2) Drive-In Businesses. A person applying to develop a site as a Drive-In Business, where permitted under this Bylaw, shall comply with the following special provisions: (a) Site Location. Such site shall be located at the intersection of two or more highways, being a street or avenue, but not including a lane, provided that a site may be located between intersections where there is a service road or a centre dividing strip on the highway, ( 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.

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SEC. 13

Section 13

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(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 driveway shall in no case be less than 30Â° nor more than 60Â°. 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 necessar}' 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 waif of a building or structure on a site shall be not less than 10 feet, measured at right angles, from the front property Iine 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 improvements thereon in a clean, neat, tidy and attractive condition and free from all rubbish and debris. (ii) Provide receptacles for the purpose of depositing therein garbage, rubbish and debris, sufficient in number and size as may be required by the City Engineer and shall use such receptacles for such purpose.

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.

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( 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.

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SEC. 13

Section 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 (8) 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 Âˇof 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.

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:

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Section 13

SEC. 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 authoriz::d 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 persons occupying lands in the immediate vicinity of the site of a service station, by reason of dust, noise, gases, odour, smoke or vibration. (ii) Maintain the site and the buildings, structures and improvements thereon in a clean, neat, tidy and attractive condition and free from all rubbish and debris. (iii) Maintain around the boundaries of the site, other than on street frontage, an appropriate fence not less than 30 inches in height and shall landscape and keep landscaped the site to the satisfaction of the Director.

(4) Motels. A 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.

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( 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

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 3,500 square feet for each semi-detached, one-family dwelling in the case of an interior unit, 4,000 square feet for each semidetached, one-family dwelling in the case of a corner unit, 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, onefamily 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. ÂˇÂˇ (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; (B) A minimum distance of 10 feet shall be provided between adjacent blocks of terraced dwellings, provided that subject to the requirements of (viii) (A) of this Subsection a minimum sideyard of 10 feet shall be required from the side property line of the site; (C) A minimum sideyard of 8 feet shall be required adjacent to a lane;

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SEC. 13 (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 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.

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(6) Terraced Dwellings for Individual Home Ownership. A person applying to develop a site for terraced dwellings, eachÂˇ 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.

Section 13

SEC. 13

(vi) All Exterior Metal WorkNon-ferrous material. ( 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-by-side duplexes, the Director shall require such design and use of materials as, in his opinion, will ensure diversity of appearance.

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Historic Si tcs.

Whenever 3 site has bncn dcsignaced ns historic site (reg fa terec.!, c:lassiU.cd or othen!i,;c) pui:sudnt to the Alberta Hist:oricaJ J:esourc:cs Act 1975. as' amendE:d, the, provisions of that ,\et prevail 1~hcrevcr consistent 1,;ith the provisions of this bylaw,"

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PART IV.

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Section 14

PREVIOUS BYLAWS

( 1) No provision of any other Bylaw dealing directly with interim development or zoning shall hereafter apply to any parts of the City described in this Bylaw. (2) The Zoning Appeal Board is hereby substituted for the Interim Development Appeal Board established by Bylaw No. 1988 and shall be known as The Zoning Appeal Board provided that it shall exercise the jurisdiction and operate in accordance with the procedures contained in Bylaw No. 1988 when dealing with a development in any part of the City not described in this Zoning Bylaw. (3) The Architectural Panel established by this Bylaw shall be the Architectural Panel for the purposes of Bylaw No. 1988. ( 4) The following Bylaws are repealed: Bylaw No. 1379, Parkallen Neighborhood Unit Development Bylaw and Bylaws Nos. 1417, 1532, 1570, 1695, 1916 all being amendments to Bylaw 1379. Bylaw No. 1548, Development of Gas Service Station Bylaw and Bylaw No. 1681 being an amendment thereto. By law No. 1567, Multiple Duplex Housing Project Bylaw and Bylaw No. 1591 being an amendment thereto. Bylaw No. 1622, Drive-in Businesses.

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SEC. 14

Section 15

EFFECTIVE DATE

SEC. 15

This Bylaw shall come into force and take effect on the 28th day of November, A.O. 1961. READ a first time this 13th day of February A.O. 1961. READ a second time this 3rd day of July A.O. 1961. READ a third time and finally passed this 2nd day of October A.O. 1961.

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"ELMER E. ROPER" MAYOR "G. S. DOCHERTY" CITY CLERK

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PART V. Section 16

APPENDICES NO. 1 A -

SEC. 16

DISTRICT SCHEDULES

METROPOLITAN RECREATIONAL DISTRICT.

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 A Metropolitan Recreational District, permits will be issued only for the following uses:

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(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.

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(e) Permitted Signs, if the following limitations are observed: (i) Not more than one non-illuminated real estate sign adÂˇ vertising 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.

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.

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(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 fo!lowing 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) Bandshefls (e) Boating Facilities (f) Botanical Gardens (g) Bowling Greens ( h) Camp Sites (i) Carnivals or Fzirs 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

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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) Tel)nis 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. . (ec) J.lunicipc:tlly o.~d cultural and public B. Lands Not Owned by the City. ln*!ting facilities. ( 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

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SEC. 16 (c) Athletic Fields (d) Band shells (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) Dwelling units with more than four foster children in each unit if to be converted from existing dwelling units. (I) Golf Courses including Golf Driving Ranges (m) Ice Hockey, Roller Skating Rinks and Curling Rinks' (n) Identification Signs exceeding 35 sq. ft. in area1 or any non-residential building or structure. ' (o) Indoor Rifle and Pistol Ranges (p) Market Gardens (q) Horticultural Nurseries and Greenhouses (r) Picnic Centres (s) Playgrounds (t) 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 (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 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. (dd) Buildings or uses accessory to the above uses.

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SEC. 16

Section 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.

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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 AMetropolitan 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. 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.

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SEC.16-B

Section 115-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-MetroÂˇ 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) Ulses Which May Be Permitted Subject to the Special Approval of the Director. l\lotwithstanding the provisions of Sub-section ( 1) of this Section permits may be issued by the Director for residential, recreational, commercial and service uses including buildings and uses accessory thereto only in accordance with a replotting plan or plan of subdivision approved by City Council. Such 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.

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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 Director. (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

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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.

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Section 16-C

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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 agricultural land on the metropolitan fringe by premature or scattered subdivision or development. ( 4) Special Permitted Uses for Existing Subdivisions of less than the Minimum Area Permitted in this District. Where a subdivision exists at the time of the passing of this Bylaw which is less than the minimum permitted in this district, such changes of uses may be permitted by the 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.

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Section 16-C-A

SEC. 16-C-A AG-MR1 INDUSTRIAL RESERVE DISTRICT

General Purpose: The general purpose of this District is to reserve and protect land for the estimated needs of industrial expansion and other related uses, having regard to the orderly and economical provision of land, utilities and other services.

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(1) Permitted Uses:

Farms of not less than 20 acres, provided that sites for hog ranches or the breeding of fur bearing animals shall not be located less than 500 feet from the nearest residential district, urban or urban reserve district; Natural resource development; Recreational and associated uses; The following industrial uses when in conformity with the general requirements of an approved replotting plan or plan of subdivision or where such uses are, in the opinion of the Development Control Officer, unlikely to prejudice a replotting plan or plan of subdivision under preparation: {a) Warehousing, storage, receiving, distribution, transshipment of raw materials, processed or manufactured products, including parts and components, open or enclosed. {b) Manufacturing (c) Servicing and repair establishments (d) Commercial, recreational or municipal uses, unlikely to have restrictive effects upon the industrial districts and which are compatible with the industrial uses.

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(2) Regulations:

The design, siting, site coverage, yards, height of buildings, external finish, architectural appearance, landscaping generally including any accessory buildings or structures shall be to the satisfaction of the Development Control Officer-. The Officer shall, in determining such matters, pay due regard to the existing uses and prospective uses of land in the vicinity and the regulations governing agricultural and industrial districts so that the proposed use of land or buildings will not prejudice the orderly development of the areas and is consistent inall respects with the general purpose of this District.

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SEC. 16-C-B

Section 16-C-B AG-MR2 INDUSTRIAL RESERVE DISTRICT General Purposes:

The general purpose of the AG-MR2 Industrial Reserve District is to allocate and protect reserve industrial land and other related uses on a long term basis. The primary existing use of this land for agriculture should be protected from premature development and fragmentation of land. Special consideration, however, will be given to industries which by reason of the following special characteristics cannot be satisfactorily located in any M-1, M-2, M-3 Industrial District or AG-MR1 Industrial Reserve District: (a) Natural resource development (b) Industries which are unable to meet performance standards required within other industrial districts (c) Industries needing large areas of low cost land for long term expansion or having large storage requirements or buffer separation because of the dangers of explosion, contamination or other nuisance or hazard characteristics. The Development Control Officer shall issue permits only for those uses, subject to appropriate regulations, which are compatible with the general purpose of this District and providing always that any such development is consistent with the Preliminary Regional Plan.

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SEC. 16-D

Subject to all other prov1s1ons 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·

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Section 16-D

AR · COUNTRY RESIDENCE DISTRICT

( 1) Uses.

(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.

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(a) Site Area. The minimum site area shall be one acre. ( b) Utilities. Provisions for utilities, including water supply and sewage dispos.al 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 conform to the regulations governing RRA Restricted Residential Districts. ( d) Site Coverage. The maximum area of land which may be built upon shall be 15% of the site area.

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Section 16-E

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SEC. 16-E AS - 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.

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(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 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.

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AP ·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 fee3 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:

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(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.

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(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.

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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 RECREAÂˇ TIONAL 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

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(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.

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Section 18

RRA • 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 advertising the sale or rental of the site or premises on which it is maintained and having an area of not more than 10 square feet, and (ii) on any site, not more than one trespassing, safety or identification sign not exceeding 2 square feet.

(2) The Following Regulations Apply to Every Development in All RRARestricted 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.

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(ii) In the case of 11/2 -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 eround 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 cam· bination of floors as determined by the Director, shall be not less than 960 square feet, exclusive of any garage which may be attached.

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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. ·

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(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

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(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.

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e Section 18

SEC. 18

"(3) Special Uses Which are Permitted Subject to the Right of Appeal to the Development Appeal Board.Âˇ 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.".

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RRB - RESTRICTED RESIDENTIAL DISTRICT

Section 19

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:

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(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 flash· ing 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.

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(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 1 %-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.

-e 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. 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 buildine of not less than 15 per cent of the width of the site, provided that the maximum width of such side yard need not exceed 15 feet. (ii) Where, in the opinion of the Director, a site is part of a horse-shoe shaped area, the side yard shall be not less than 10 per cent on each side. (iii) In the case of a corner site where a side yard adjoins a flanking street, the side yard shall be not less than 15 feet. (iv) In the case of a site where a lane flanks the side of such site, the minimum side yard on the lane side shall be 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.

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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.

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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 al! 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

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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e Section 20

RRC - RESTRICTED RESIDENTIAL DISTRICT

SEC. 20

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 RRC Restricted Residential District, permits will be issued only for the following uses:

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(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 structuresÂˇ, 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.

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(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. (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 11/2-storey dwellings, the minimum ground

floor area of the building, exclusive of any attached garage, shall be not less than 960 square feet and the combined ground and second floor area shall be not less than 1,400. Âˇ square feet.

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SEC. 20

Section 20

(iii) In the case of 2-storey dwellii1gs, the minimum ground floor area of the building, exclusive of a1~~' 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.

( 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 12112 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, p~ovided, 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 thro:Jghout, 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 e Section 20

SEC. 20

(e) Rear Yard. A rear yard shall be provided of not less than 25 feet, provided that Âˇ (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 cirÂˇ cumstances. (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.

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Section 21

R-1 RESIDENTIAL DISTRICT

SEC. 21

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 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:

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( 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.

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(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 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.

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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 (B) where a building fronts on the flanking street, the side yard abutti'ng 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)

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(h)

(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 niay 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 appeaÂˇled from and may impose such conditions or limitations as it deems proper and desirable in the circumstances.

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(g} Site Coverage

. The total coverage shall not exceed 40 percent of the site area, provided that:

1. the coverage of the principal ~uflding shall not exceed 28~ of the site area; U. the coverage of all accessory build.ir.gsÂˇ shall not exceed 12% of the site areai and,

111. notwithstanding (i) and (if) above, in the ~a~e of a principal building containing an attached private garage or where a private garage is designed as an integral part of a cwclling, Ule total site coverage (40::) shall apply.

SEC. 21

Section 21

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

kindergartens,

nursery

schools

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play

(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.

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(f) Police stations. (g) Public and quasi-public buildings. (h) Public utility buildings and installations. ( i) Private schools. (j) The office of a professional or business person provided that:

Âˇ ( i) the office is situated in the dwelling unit used by the person as his private residence; and

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(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 therefrorn by a street, lane o~ utility let 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.

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e Section 21-A

RC·l 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:

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(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) Permitted Accommodation (in excess of the accommodation defined in Section 2, Subsection (35)

Area of Site (in square feet) (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 ma.re than 2 boarders or lodgers, or 1 suite with more than 3 habitable rooms.

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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 space 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 shar:ed. "Sleeping Unit" means accommodation for a boarder or lodger primarily for sleepin_g purposes and which does not including cooking facilities.

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SEC. 21-A

Section 21ÂˇA

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Limitations and Exceptions: (A) A person applying for a permit to convert a dwelling shall provide inÂˇ formation in addition to that required under Section 5 of the Bylaw to the satisfaction of the Director, in order that he may properly deterÂˇ mine compliance with the schedule of permitted accommodation. (8) 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. (C) 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 (D) 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. (E) Permission to undertake a conversion under this Section does not in any way relieve a person from full compliance with any other City Bylaw or Regulation governing the fitness and safety of the accommodation for human habitation. (F) A dwelling which was converted prior to the passing of this amendment and without the required planning permissions and not deemed a 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

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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.

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e Section 21 ÂˇA

SEC. 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

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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

(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 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, 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. 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.

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SEC. 21-A

Section 21 ÂˇA

(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 cirÂˇ cumstances. (a) Fire Stations. (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) 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

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(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,

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(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.

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e 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 7,000 square feet, and (ii) a mean frontage of not less than 50 feet.

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( k) the office of a professional or business person provided that: (i) the officeÂˇ 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.

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• 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.

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( e) Permitted Transitional Uses: Where the side lot line of a lot within an R-2 District abuts upon a lot in ~my 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:

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(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 identification signs which exceed 10 square feet in the case of per-

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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 R-2 Residential Districts.

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(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 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

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(8) where a buildirig 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.

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(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, provided that if the dwelling unit is a corner unit, the lot shall have an area of not less than 4,000 square feet for that 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 buildÂˇ ings, shall not exceed 23 per cent of the site area.

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SEC. 22

Section 22

(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. (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.

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SEC. 22

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

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

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(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.

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112

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Section 23

R-2A RESIDENTIAL DISTRICT

SEC. 23

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 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).

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(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 illunii::::ited but not flashing and not exceeding 15 square fe:::t i1, 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) Homec rafts. (j) Directional Signs, more than one identification sign, and identification signs which exceed 10 square feet in the case of per-

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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 RÂˇ2A Residential Districts. (a) Height.

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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 provjded 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.

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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 identifications 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. Âˇ (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.

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(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:

(ii) the personÂˇ conducts the profession or business in the dwelling unit; and

(i) the office is situated in the dwelling unit used by the person as his private residence; 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.

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115

-e 24-1 Section 24

R-3 RESIDENTIAL DISTRICT

SEC. 24

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 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 M路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) 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 flash路 ing 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 per路 mitted residential uses and 15 square feet in the case of per路 mitted non-residential uses, when approved by the Director.

116

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â&#x20AC;˘ SEC. 24

Section 24

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(2) The Following Regulations Apply to Every Development in All RÂˇ3 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

AREA OF SITE PER DWELLING UNIT

1740 square feet (A) Two or more bedrooms 1175 square feet (8) One-bedroom 870 square feet. (C) Bed-Sitting Room (b) Height. The height of a building shall not exceed 45 feet. (c)

Site Area. The minimum site area for each apartment building block shall be 8,600 square feet.

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 be permit a setback. (i) less than 20 feet in the case of a building 30 feet in height or less (ii) less than 30 feet in the case of a building between 30 and 40 feet in height, and (iii) less than 35 feet in the case of a building 40 feet or over in height. (e) Side Yard. A side yard shall be provided on each side of the building of not less than 15% of the width of the site, or 15 feet whichever is the lesser, except in the following circumstances:

(d)

in the case of a building exceeding 30 feet in height, the side yard shall be not less than 20% of the width of the site, or 20 feet whichever is the lesser; 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. (i)

(g)

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

117

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 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 per: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

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(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.

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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 usud 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 Âˇ 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.

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119

-e 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:

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(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.

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(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 dwe II i ngs.

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â&#x20AC;˘ SEC. 24-A

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

(2)

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

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to the a site to the of this

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, shall 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:

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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 By law.

(b)

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Buildings and uses accessory to the above uses.

( 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. 121

Section 24-A

SEC. 24-A (d)

(e)

Height Buildings and structures shall not exceed 150 feet in height, provided that the Development Officer may approve such gr~ater .height as, in his opinion, does not adversely affect the amenities. 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 .:eet in height or in such other manner as the Developrr.ent Officer may approve.

(g)

(h)

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(iv) A private parking area shall not encroach on the frnnt yard.

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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.

(v)

(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 recn:ational structures and facilities in side and rear yards. 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). Landscaping The following subclauses in this Clause (h) apply only to apartment buildings and terraced dwellings.

(i)

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Section 24-A

(ii)

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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.

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SEC. 24-A

(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.

123

Section 24-A

SEC. 24-A

(8)

(C)

(j)

(3)

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

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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 applicaLion under Section 5 of this Bylavv for an apartment buildin<J 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.

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Section 24-A

SEC. 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.

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125

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 RÂˇ4 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.

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A W' A W'

(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 dwell.ings 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 upori a site in any Commercial or Industrial District or is not separated therefrom by a street, lane or utility lot more than 33 feet wide, and extending not more than 100 feet from the boundary of the less restrictive area which it adjoins, the following transitional uses are permitted, including the conversion of existing buildings:

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SEC. 24-B (iv) Parking Areas.

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(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.

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(a) Height.

(b) Front Yard.

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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.

The front yard shall be at the discretion of the Director proÂˇ vided 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 ( 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 not be less that 3 feet.

127

e Section 24-B

SEC. 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.

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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 accordance with the following scale: TYPE OF AREA OF SITE REQUIRED PER DWELLING UNIT DWELLING UNIT

750 square feet 1000 square feet 1350 square feet

Bed/Sitting Room 1 Bedroom 2 or more Bedrooms ( h) Grouped Residential Buildings.

In the case of two or more grouped apartments or other residenÂˇ tial 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.

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(3) Uses Which are Permitted Subject to the right of Appeal to the

Development Ap!)eal 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 f.ollowing uses, subject in all cases to the right of appeal to the Deve!oprnenFAppeal Board. In determining an appeal, the Board may confirm, reverse or vary the decisio:i appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances.

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Section 24-B

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SEC. 24-B

(a) Fire Stations (aa) Day nurseries, kindergartens,Âˇ nursery schools and play schools .. ( b) Homecrafts (c) Hospitals or sanatoria, excluding a mental hospital or hospital 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 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 t'1at: (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. ( 4) Uses Which May be Permitted Subject to Approval of the Municipal Planning Commission. Notwithstanding Âˇthe 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 residential 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.

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Section 24-C

R-5 MEDIUM DENSITY RESIDENTIAL DISTRICT

SEC. 24-C

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GENERAL PURPOSE

.The General Purpose 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)

H omecrafts.

(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)

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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)

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Terraced dwellings.

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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, (8)

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, (8)

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.

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(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 (8)

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. 131

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 (8)

(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. (i) If a site is not 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 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 sha II 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, (8)

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

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(iv)

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If a site is flanked by a highway and an exterior wall on the site (A) does not contain a window or (B) Âˇ contains the window of a non-habitable room,

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

(f)

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SEC. 24-C

Section 24-C

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.

(g)

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.

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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 ttiis Section 24-C, subject to comp!iance with all. other provisions of this By!aw, 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.

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R-6 HIGH DENSITY RESIDENTIAL DISTRICT

Section 24-D

SEC. 24-D

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)

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

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

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. If the height of a building does not exceed six storeys, (i) the aggregate of (A) 300 square feet for each bedsitting room unit, and (8) 450 square feet for each one-bedroom unit. (C) 600 square feet for each 2 or more 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

(Cl 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 135

Section 24-0

. 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 Ian~ not more th<m 20 feet wide, and

(C)

the ancillary site is the subject of a covenant restricting its use as ancillary to theÂˇ prin~ipal site.

Height The height of a building shall not exceed {i) 150feet,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 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.

( 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.

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SEC. 24-D

Section 24-D

(3)

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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-D, 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:

(al

Apimment

(aa) (b)

Day nurseries, kindergartens, nursery school.sand play schools. Buildings on sites under Subsection (2) (g) of this Section 24-D.

( 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)

Pol ice stations.

(h)

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

( i)

Public parking areas.

(j)

Public utility buildings and installations.

(CL}

tro-tel!>

.t.partcent ho:els. provided that per;r.itted uses acco?sso-:y to

a~a:t:cnt hotel& ~~t inclu.de pablic ba:i.quet halls. dining facilities, or :aatia& roo:a.

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137

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:

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(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.

(n)

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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)

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(m) Retail stores.

(2)

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

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Section 24-E

(b)

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SEC. 24-E

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

the site shall 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 shall not exceed 3: 1,

(iii) the front yard shall be not less than 20 feet,

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(c)

(iv)

the side yards shall be governed by the Regulations for R-5 Medium Density Residential Districts, and

(v)

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.

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(d)

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 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.

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SEC. 24-F

RMH-1 RESIDENTIAL MOBILE HOME PARK DISTRICT GENERAL PURPOSE The General Purpose of this district is to ensure the development of mobile home parks in an environment appropriate for residential uses. The site.shall have access to community facilities and services normally available in residential areas. (1) Permitted Uses. Subject to all other provisions of this Bylaw, on any site in any district defined, designated -or described in this Bylaw as RMH-1, Residential Mobile Home Park District, permits will be issued only for the following uses: (a) Mobile home parks (b) Buildings and uses accessory to a mobile home park. (c) The following signs: (i) Âˇ Identification sign to a maximum height of six feet above grade and to a maximum area of thrity-two square feet may be located at the principal entrace to the site. (ii). Directional signs within the mobile home park integrated in design and appearance and kept in scale with the immediate surroundings. (2) Appearance: (a) All accessory structures such as patios, porches, additions, skirting and storage facilities shall be factory pre-fabricated units, or of a quality equivalent thereto, so that design and construction will complement the mobile home. (b) Each application shall be accompanied by a landscaping and site development plan which shall be to the satisfaction of the development officer. In addition, the applicant shall, upon approval of the permit, deliver a penalty bond to the amount of 25% of the estimated cost of landscaping to ensure completion of landscaping. (c) The undercarriage of each mobile home shall be screened from view by skirting _or such other m_eans satisfactory to the Development Officer. (d) Adequate common storage areas, seperate from the mobile home lot, shall be provided for the storage oJ seasonal recreational equipment and other equipment not capable of storage on the mobile home lot. Âˇsuch storage areas shall be enclosed or screened by trees, landscape features or fences, or a combination thereof.

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SEC. 24-F

Section 24-F

(3) The following regulations apply to every development in all RMH-1

Residential Mobile Home Park Districts. (a) Density. The maximum density for a Mobile Home Park shall be eight mobile home units per acre. (b) Area. (i) The minimum site area for the mobile home park shall be five acres. (ii) The minimum area for a mobile home lot shall be four thousand square feet and each lot shall be clearly marked off by permanent markers or other suitable means. ( c) Setbacks. (i) In a mobile home park, the mobile home lots shall be located at least twenty-five feet from that boundary of the park abutting a public street or highway and at least fifteen feet from the remaining boundaries of the park. These setbacks shall be treated as amenity strips and suitably landscaped and protected from any sort of development which will compromise their intended use. (ii) Mobile homes, including any porch or additionÂˇ shall be separate from each other by at least fifteen feet. (iii) The distance from any side, end, addition, to a mobile home shall in no instance be less than four feet to the adjacent lot line. (iv) Every mobile home shall be set back at least ten feet from the adjoining internal access road or common parking area. (d) Site coverage. The mobile home and additions to it, exclusive of a carport, shall not cover more than 35% of the lot upon which it is situated. (e) Roadway and walkways. (i) All roads in the mobile home park shall be hard-surfaced, well drained and maintained. (ii) The mobile homes and all community facilities shall be connected by a safe, convenient, hard-surfaced pedestrian walkway which shall be at least three feet in width. (f) Site design. The mobile home development shall be designed to accommodate mobile home units of different sizes, including expandable and double wide units with variety in the street design and the placement of individual units to avoid monotony. (g) Parking. (i) There shall be at least one car parking stall provided on each mobile home lot and provision shall be made for.

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SEC. 24-F visitor parking at the ratio of one space to every two mobile home lots. The visitor parking shall be dispersed throughout the park to be conveniently located for all parts of the mobile home park.

(ii) Each mobile home lot shall provide a hard-surfaced, durable base on which the mobile home shall be placed. (h) Utilities. All utility lines shall be placed underground. (i) Recreation Area Not less than 5% of the gross site area of the mobile home park shall be devoted to recreational uses, to be provided in a convenient and accessible location. (4)

Every mobile home park shall comply with the provisions of the Provincial Board of Health Regulations Division 17.

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SEC. 24-G

Section 24-G

RMH-2 RESIDENTIAL MOBILE HOME SUBDIVISION DISTRICT GENERAL PURPOSE The General Purpose of this district is to provide land for the development of mobile home subdivisions in a residential environment. The District shall have access to the types of community facilities and services normally available in residential area, and shall be located in an area appropriate for residential development, and not abutting incompatible land uses. Care shall be taken to ensure that the mobile homes to be located in the District are of a quality and design which will enhance the residential environment and not detract from those mobile homes which are already located there. A Residential Mobile Home Subdivision shall be similar in character and quality to any other single family resiential area. ( 1) Permitted Uses:

Subject to all other provisions of the Zoning Bylaw, on any site, in any district defined, designated or described in this Bylaw as an RMH-2 Residential Mobile Home Subdivision District, permits will be issued for the following uses: (a) mobile homes (b) buildings and uses accessory to the above uses (c) permitted signs of 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 Âˇ 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. (d) directional signs subject to the approval of the Director (2) Regulations: (a) Application to Develop

(i) All applications for the locating of a mobile home on a mobile home subdivided lot shall be subject to the requirements of Section 5 of the Zoning Bylaw.

143

Section 24-G

SEC. 24-G (ii) All mobile homes to be located in the RMH-2 District shall have Canadian Standards Association certification, or shall be of an equivalent thereof, and proof of this shall be submitted with the application.

(iii) Dated, current, photographs of the mobile home, showing all sides, shall be submitted with the application. TheÂˇ applicant shall indicate how he intends to correct any deficiencies in the mobile home in order to make it meet the quality and design in keeping with the General Purpose clause.

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(iv) A plan showing adjacent properties and the location of any existing mobile homes, additions, and accessory buildings on those properties, shall be submitted with the application. (v) The Development Officer, having regard to the size, suitability and quality of the mobile home, and to the proposed location of the mobile home in relation to mobile homes on adjacent properties, may refuse an application if in his opinion the mobile home will not be of a suitable quality, and if the site plan does not indicate acceptable open space provision, taking into account adjacent mobile homes. (vi) Penalty Bond Upon approval by the Development Officer of an application to develop a mobile home on a mobile home subdivision lot, when such approval is conditional upon removal of such deficiencies as may be required by the Development Officer, 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. (b) Density

The maximum net density shall be nine dwelling ur:iits per acre.

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The front yard shall be at the discretion of the Development Officer, but shall in no case be less than fifteen feet. (d) Side Yard

No side yard shall be less than four feet, subject to the requirement for "spacing" as stated herein.

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SEC. 24-G

Section 24-G (e) Rear Yard

A rear yard shall be provided, the minimum depth of which shall be not less than ten feet. (f) Spacing Mobile homes, including additions, shall be separate from each other by a minimum of fifteen feet, except where, in the opinion of the Development Officer. (i) a sufficient rear yard, greater than the minimum required, is provided, or (ii) the location of existing adjacent mobile homes, including additions, is such that th.is cannot be achieved,

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in which case the Development Officer may relax this gulation.

re-

(g) Site Area The dimensions and area of a mobile home subdivided lot shall be subject to either (i) or (ii) following, whichever is the greater: (i) Each parcel shall be subject to the requirements of the Subdivision and Transfer Regulati_ons with respect to residential parcels;

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(ii) Each parcel to be used for a single-wide mobile home shall have an area of not less than 4,000 square feet, and a mean width of not less than forty feet; Each parcel to be used for a double-wide mobile home shall have an area of not less than 4,500 square feet. (h) Site Coverage

Coverage shall not exceed 40 per cent of the site area, and the coverage of the mobile home and any additions to it shall not exceed 35 per cent of the site area. (i) Foundation and Skirting

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(i) A foundation shall be provided on the stand of each mobile home subdivided lot, capable of supporting the maximum anticipated load of the mobile home at all seasons without settlement or other movement. The foundation shall be permanent, made of concrete, and subject to the requirements of the Building Code. The mobile home shall be securely attached to the foundation. (ii) The undercarriage of each mobile home shall be completely screened from view by the foundation, by skirting, or by such other means satisfactory to the Development Officer.

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SEC. 24-G

(i) An addition to a mobile home shall not have a site coverage greater than 50 per cent of the sight coverage of the original mobile home unit placed on the site.

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(j) Accessory Structures

(ii) All accessory structures, additions, porches, skirting, and storage facilities shall be of a quality and appearance equivalent to the mobile home, and shall match and complement the mobile home. (iii) Additions to a mobile home shall have a foundation and skirting equivalent to that of the mobile home.

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Section 25

C-1 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.

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(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.

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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 C-1 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; (B) where a building has a parapet or fascia less than 3 feet in height the sign shall not exceed 3 feet 6 inches in vertical dimension; (C) where there is no provision for signs such as in the case of a flat roof or extended marquee, no sign shall project above the roof or marquee by more than 3 feet; ( D) a minimum of 10 per cent of the business front shall be kept clear of any sign at each end of the business front; and (iii) on any one shopping centre unit, not more than one pole or ground identification sign (excluding lighted signs of the flashing or animated type) not exceeding 35 feet in overall height, no portion of which shall project over public property; and (iv) under any marquee, not more than one suspended identification sign 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:

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SEC. 25

Section 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 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 35 feet nor 21;2 stories.

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( 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 confirm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances.

149

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SEC. 25

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

kindergartens,

nursery

schools

and

play

(a) Drive-in businesses

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(b) Dry cleaning shops (c) Fire stations (d) Laundry shops (e) Liquor stores (f) Police stations

(g) Private Clubs or lodges (h) Public and quasi-public buildings (i) Public Utility Buildings and Installations (j) Service stations other than those permitted under Subsection (1) (pp)

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(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.

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(m) Poolrooms (n) Buildings and uses accessory to the above uses.

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150

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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.

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(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.

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(n) Photographers' shops. ( nn) Pool Rooms. ( o) Âˇ Post off ices. (p) Clinics. (q) Public libraries. ( r) Public parks. ( s) Service stations. (t) Showrooms. (u) Shoe repair shops. (v) Vehicular parking areas.

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â&#x20AC;˘e e 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 CÂˇl districts; (ii) On any cne shopping 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 niay be- built upon shall be 30 per cent of the site area.

152

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â&#x20AC;˘ SEC. 26

Section 26

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(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 is~ued 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.

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(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;

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(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

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kindergartens,

153

nursery

schools

and

play

Section 26

SEC. 26

(f) Drive-in businesses (g) Dry cleaning establishments

(h) Fire stations (ha) Funeral homes

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(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

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154

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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.

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( 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 establishments.

(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 treat_ment 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.

-Âˇ 155

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.

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(dd) Private clubs. (ee) 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, RRB, RRC, R-1, RC-1 or R-2 residential

(d)

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• 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)

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(3)

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.

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) (g) (gg) (h)

Cold storage plants. Dance studios and music shcools. Day nurseries, kindergartens, nursery schools and play schools. Dry cleaning establishments.

(i)

Drive-in Businesses.

(j)

Eating establishments, including dancing and cabarets.

(k)

Film processing establishments.

(I)

Funeral homes.

(m) Furniture repair, refinishing and upholstery.

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(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. 157

e 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, surplies, 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 No. 2 to this Bylaw as C-3 Commercial District, permits will be issued only for the following uses: (a)

(2)

(b)

(3)

the Permitted Uses in C-2A Commercial Districts.

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

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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 26-8, 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, (c)

Automobile rentals, sales, services and repairs.

(d)

Boat supplies and trailers, servicing and repair.

(e)

Building material sales

(f)

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

(g)

Cocktail Lounges.

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SEC. 26-8

Section 26-8 (h)

Cold storage plants

( i)

Dance studios and music schools.

(j)

Day nurseries, kindergartens, nursery schools and play schools.

(k)

Drive-in Businesses

(I)

Dry Cleaning establishments

(m) Eating establishments, including dancing and cabarets.

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(n)

Equipment sales and service

(o)

Film processing establishments

(p)

Funeral homes.

(q)

Furniture repair, refinishing and upholstery

( r)

Hotels.

(s)

Laundry shops.

(t)

Markets.

(u)

Parking garages.

(v)

Plumbing, heating and gas fitting sales and service.

(w)

Public garages.

(x)

Public parking areas.

(y)

Tire sales, service and repair.

(z)

Trailer sales and rentals

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(z1) Veterinary hospitals for the treatment of dogs, cats and other small animals.

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â&#x20AC;˘ 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:

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(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 signsÂˇ 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.

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(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.

160

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Section 27

SEC. 27

In determining an appeal, Âˇthe 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) 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 ComÂˇ mercial District.

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â&#x20AC;˘91 Section 27-A

SEC. 27-A C-8 HIGHWAY COMMERCIAL DISTRICT

General Purpose: The general purpose of this District is to provide sufficient land adjacent to major routes entering the City for uses serving the travelling public. The accessibility to highway commercial sites shall be permitted only to the extent that accesses shall not prejudice a standard of safety, convenience and speed appropriate to the highway. All developments shall be of a high standard befitting the major entrances into the City and densities shall be held to an appropriate minimum. ( 1)

e A

W A W

Permitted Uses: Service Stations Bowling Alleys Theatres Bulk Oil Sales Roadside Restaurants Hotels, Motels and Motor Drive-in Restaurants Hotels Cocktail Lounges Parking Garages Cabaret and Dancing Travel Trailer Parks and Establishments Campsites Private Clubs, and Lounges Public Garages Liquor Stores Eating Establishments Retail Stores (excepting that for the purposes of this Âˇsubsection (1 ), retail stores shall not' include buildings or yards used for the sale of used automobiles, trucks or of heavy agricultural or heavy industrial machinery or equipment). Accessory uses or any other uses which serve the travelling public and which the Developmerit Officer deems acceptable and compatible.

(2)

Regulations: (a) Height: Maximum 45 feet, except in the case of motels or hotels, when the Development Officer, in his discretion, may allow a height not to exceed 150 feet.

A W

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(b) Front Yard: Minimum 25 feet. (c) Side Yards: Side yards shall be provided on each side of not less than 10 per cent of the width of the site or of 15 feet whichever is the lesser or if in the opinion of the Development Officer a lesser width would improve the location of buildings and improve the appearance of the site however, in which case side yards and rear yards shall not be less than five feet. (d) Rear Yard; Minimum of 20 feet at ground level; upper levels of the building may extend to the rear property line except where the site abuts a residential district, in which case the setback at such upper level shall be a minimum of 25 feet, or if in the opinion of the Development Officer a lesser width would im-

162

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prove the location of buildings and improve .the appearance of the site however, in which case side yards and rear yards shall not be less than five feet.

SEC. 27-A

Section 27-A

(e)

Site Coverage: Maximum of 30 per cent.

(f) Access: Access to all developments within this District shall be by service road or by similar standard for controlling turning traffic, such as one-way system, to the satisfaction of the City Engineer; and the number of accesses provided to the highway from a development. or service road shall be to the satisfaction of the City Engineer.

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â&#x20AC;˘e SEC. 27-B

Section 27-B C-9 MAJOR ARTERIAL COMMERCIAL DISTRICT General Purpose:

The general purpose of this district is to provide accommodation and other service necessary for the convenience of people using certain major routes within the City. The volume of pedestrian traffic in proportion to automobile traffic is very low. Uses in addition to those permitted in a C-8 Highway Commercial District are allowed because the C-9 Major Arterial Commercial District is completely within the urban area and contains, long established uses, some of which require large sites with good business advertising. Traffic speeds are reduced to levels normally within urban limits and access to property is therefore, less restrictive than in C-8 Highway Comme~cial Districts. ( 1) Permitted Uses:

Those uses listed as "permitted Uses" within the C-2A Commercial District, C-3 General Commercial District, and C-8 Highway Commercial District, except residential uses. Those uses listed as special uses which are permitted subject to the right of appeal to the Development Appeal Board within the C-2A Commercial District and the P-1 Institutional and Serve District, except residential uses .. (2) Regulations:

(a) Height: Maximum 45 feet, except in the case of motels or hotels, when the Development Officer, in his discretion, may allow a height not to exceed 150 feet. (b) Front Yard: Minimum 25 feet. (c) Side Yards: Side yards shall be provided on each side of not less than 10 per cent of the width of the site or of 15 feet, whichever is the lesser, or if in the opinion of the Development Officer a lesser width would improve the location of buildings and improve the appearance of the site however, in which case side yards and rear yards shall not be less than five feet. (d) Rear Yard: Minimum of 20 feet at ground level; upper levels of the building may extend to the rear property line except where the site abuts a residential district, in which case the setback at such upper level shall be a minimum of 25 feet, or if in the opinion of the Development Officer a lesser width would improve the location of buildings and improve the appearance of the site however, in which case side yards and rear yards shall not be less than five feet.

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â&#x20AC;˘e e e e

SEC. 27-B

Section 27-B

(3) Special Uses which are permitted subject to the right of appeal to the Development Appeal Board: Those uses listed as special uses which are permitted subject to the right of appeal to the Development Appeal Board within the C-3 General Commercial District.

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â&#x20AC;˘e e Section 28

M-1 INDUSTRIAL DISTRICT

SEC. 28

USES PERMIITED AND REGULATIONS ( 1) Performance Standards. Subject to all other provisions of this Bylaw on any site, in any district defined, designated or described in this Bylaw as an M-1 Industrial District, a person will be issued a permit only tor 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 ;my 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 Developmer.t in All M-1 Districts. (a) Appearance. (i) All buildings shall be of good architectural design to the satisfaction of the Di rector. (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 minimur,1 front yard sha!I be as established by the Director and on record in the City Planning Department, but in no case shall the min:mum 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, pro-

vided that this shall not prohibit the use of a portion of the front yard for such walks or driveways as may be necessary.

166

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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 re· quirements wherever there is an abutting railway line, lane or utility lot. (iii) Rear Yards.

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A rear yard shall be provided, the mrnimum depth of which shall be not less than 2 feet except: (A) in the case where there is ro 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.

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( 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 unless otherwise approved by the Director.

( 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·l Industrial District the fol· lowing signs are permitted subject to the following limitations:

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(i) Identification signs, which may be animated and illumi· nated but not flashing. (ii) Unless otherwise permitted by the Director, an identifi· cation 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.

167

â&#x20AC;˘ Section 28

SEC. 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.

(3) Uses.

Subject to all other prov1s1ons 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 (ineluding 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.

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( 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) Âˇappropriate 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 sue~ conditions or regulations as the Director may impose.

168

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â&#x20AC;˘ Section 28

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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.

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â&#x20AC;˘ 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.

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(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.

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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.

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(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

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(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 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.

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·l 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 bul· letin 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.

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SEC. 29

Section 29

(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:

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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.

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(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

(b) the methods, equipment, and techniques of the applicant; and

(c) the use of neighbouring lands and zoning districts and the compatibility of the proposed use with neighbouring lands and zoning districts.

(7) Notwithstanding anything contained in this Section, if an applicant for a permit satisfies the Director 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.

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(a) appropriate performance standards; and

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â&#x20AC;˘ M-3 INDUSTRIAL DISTRICT

Section 30

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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.

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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.

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SEC. 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.

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A rear yard shall be provided, the minimum depth of which shall be not less than 2 feet except:

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(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 DisÂˇ tricts, provided however that the Director may, in his sole discretion, permit more than the minimum number of allowable signs.

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(3) Uses.

Subject to all other prov1s1ons of this Bylaw, on any site, in any district defined, designated or described in this Bylaw as an M-3 Industrial District, permits will be issued for only such of the following uses as will comply with the performance standards and conditions of Subsections ( 1) and (2) of this Section, namely: (a) Warehousing, Storage, Receiving, Distribution, Trans-shipment of Raw Materials and Processed or Manufactured Products (including Parts and Components) open or enclosed. (b) Manufacturing. (c) Servicing and Repairing Establishments.

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SEC. 30

Section 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.

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(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.

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â&#x20AC;˘ 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.

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( 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 Service Districts. (a) Every development in all P-1 Public Service Districts shall conform to regulations governing permitted signs, height, site coverage, 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.

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Section 31

SEC. 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 grounds. (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 decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances .

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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 residential 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 By law 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. (cl Institutions of a religious, phi !anthropic or educationa I 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 (I) 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 fol lowing Special Uses:

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• • •• •• • • •• • •• • •• •• •,

SEC. 32

Section 32

(a) Curling rinks, golf courses, driving ranges, or similar recreational uses . (aa) Day nurseries, kindergartens, nursery schools and play schools . (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 .

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• MA· MUNICIPAL AIRPORT DISTRICT

Section 33

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, equip· ment 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. Technltal and commercial schools. Any other commercial use compatible with permitted uses and unlikely to have restrictive effects upon the orderly and eco· nomical development and operation of this district.

(2) The Following Regulations Apply to Every Development in the MA·

Municipal Airport District. (a) Height. The maximum height of buildings shall be determined in relation to the safe and efficient operation and functioning of the Muni· cipal Airport, and in accordance with the height restrictions designated on maps available for inspection and filed in the City Planning Department.

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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.

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"Section 34

P-3 RESIDENTIAL DISTRICT

GENERAL PURPOSE The purpose of this District is to identify land owned by or held under long-term lease by the City of Edmonton or the Province of Alberta through the Alberta Housing Corporation, which is to be used for non-profit residential development. (1) Permitted Uses (a) One-family dwellings subject to the regulations governing the R-1 Residential District. (b) Two-family dwelling and semi-detached one-family dwellings subject to the regulations governing the R-2 Residential District. (c) Terraced dwellings subject to the regulations governing the R-2A Residential District. (d) Apartment buildings, and homes for the aged, where such development is not in excess of the height, site coverage, floor area ratio, density or set-back requirements of the most restrictive residential, commercial, or industrial district abutting thereto.

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(2) Conditional Uses which are subject to Right of Appeal to the Development Appeal Board. In to be to

addition to those uses permitted in Subsection (1) hereof, and subject compliance with other provisions of this Bylaw, development permits may issued for the following uses, subject in all cases to right of appeal the Development Appeal Board: (a) Day nurseries, kindergartens, nursery schools and play schools. (b) Any residential development that is in excess of the height, site coverage, floor area ratio, density, or set-back requirements of the most restrictive residential, commercial, or industrial district abutting thereto, provided that this Clause (b) does not apply to uses permitted under Clauses (a), (b) and (c) of Subsection (1).

( 3)

Regu 1a ti ons The following regulations apply to every development in all P-3 Residential Districts. (a) Approving Authority. Every application for a development permit is subject to the provisions of Section 5, Subsection (8A) of this Bylaw.

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' Section 35

CD-1 COMPREHENSIVE DEVE.LOPMENT DISTRICT

GENERAL PURPOSE. The General Purpose of this district is to provide a district for those major developments which do not conform to the provisions of any one particular zoning district or Land Use Designation but which comply with the principles and objectives of the General Plan and because of their specific location, comprehensive outlook and high quality of design are deemed acceptable in the development pattern of the City. USES PERMITTED AND REGULATIONS. (1) Uses.

Residential or commercial development or a mixture of residentialcommercial uses providing such uses in the opinion of City Council are compatible with each other and with other uses in the surrounding district. (2) Requirements for Zoning.

1. (a) A comprehensive plan of development for a site shall accompany all application for a zone change to CD-1 and shall contain the following information: (i) location of all prpposed buildings. (ii) elevations and architectural treatment of all buildings or structures. (iii) number and type of residential suites. (iv) amount of commercial space and description of proposed commercial uses. (v) location of all existing trees, with an explanation of which trees are to be removed and why it is necessary to remove them. (vi) location and treatment of all parking areas. (vii) location of on-site pedstrian circulation system, and the integration of this with the local pedstrian circulation system. (viii) 'a scale model showing the proposed development and its relationship to surrounding developments. (b) A detailed narrative statement shall be submitted with the application fo.r rezoning. Such narrative shall explain the intent of the project, the factors which make the project desirable to the general public and to the surrounding areas, the features and details of the project development, schedule and timing of the development program, and any other material which the applicant believes to be relative to the case. 2. In deciding the acceptability of such comprehensive plan of development, the Municipal Planning Commission and City Council shall take into account among other things, the following factors:

SEC. 35

183

Section35

SEC. 35 (i) the effective relationships of buildings, structures and open spaces. (ii) the provision of a choice of housing types. (iii) the provision of underground parking. (iv) the provision, and subsequent effectiveness, of landscaped passive and active open space. (v) the heights and architectural treatment of all buildings and structures. (vi) the relationship of the building to the present and proposed circulation patterns. (vii) the relationship of the development to surrounding development. (viii) the General Plan and any approved development plans for the area. The owners shall enter into a legal agreement with the City of Edmonton which agreement shall run as a restrictive covenant against the title of the land to ensure that the development complies with the comprehensive plan of development, following approval of zoning by the City Council. This agreement shall serve to restrict the development of land in accordance with the terms of the approved comprehensive plan of development.

Regulations. 1. The Development Officer shall not permit any development other than for routine maintenance or for a development of a temporary or minor nature, in a CD-1 District in either: (i) the absence of an approved comprehensive plan of development, or (ii) non-compliance with an approved comprehensive plan of development. 2. A penalty bond shall be submitted as a guarantee that the landscaping provisions of the comprehensive development plan will be carried out. This bond shall be equal to twentyfive percent (25%) of the estimated cost of the landscaping. 3. Any bylaw zoning landas CD-1 Comprehensive Development District shall be in force for a period of one year only from the date of third reading of the bylaw and then shall lapse and the land zoned by the bylaw shall revert to the zoning in force at the time of third reading of the bylaw provided that if a development permit has been issued in accordance with the provisions of the Zoning Bylaw for any land zoned as CD-1 Comprehensive Development within the said period of one year that land shall continue to be zoned as. CD-1 Comprehensive Development District until zoning is changed by an amendment to the Zoning Bylaw effected in accordance with the Planning Act of Alberta. 184

(b)

(c)

Site Development Every development in all P-3 Residential Districts, other than those uses contained within Clauses (a), (b) and (c) of Subsection (1), shall conform to regulations governing permitted signs, height, site coverage, floor area ratio, density and yards of buildings and structures which are applicable to the most restrictive residential, commercial or industrial district abutting thereto, provided that the Municipal Planning Commission, in its discretion, may relax such regulations where it is satisfied that the amenities of that district are not adversely affected by reason only of such relaxation, provided that such relaxation is subject to Subsection (2).

Additional Requirements (i) The design, siting, external finish and architectural appearance of all buildings, including any accessory buildings or structures, signs and the landscaping of the site, shall be to the satisfaction of the Municipal Planning Commission to ensure that adequate protection is afforded to the amenities of the area. (ii) Development in the P-3 Residential District is limited to applications where the sponsor is either the City of Edmonton or Alberta Housing Corporation on land which is either directly owned or held under long term lease by such authority, provided that the provision of this subclause (ii) shall not apply to any site zoned P-3 Residential District prior to the passage of this amending bylaw. (d) Parking Notwithstanding the provision of Section 12 Subsection (14), for apartment buildings and terraced dwellings, the Municipal Planning Commission, in its discretion, may reduce parking requirements to 1.25 parking spaces per dwelling unit.