Edmonton (Alta.) - 1996 - Replacement pages for land use bylaw no. 5996, as amended (1996-12-10) by Edmonton Tower Resource Centre Online Library

Digitized from copy in City of Edmonton CRC Accession 06F003 el THE CITY OF t

PLANNING AND DEVELOPMENT

MAILING ADDRESS: 2ND FLOOR EXCHANGE TOWER 10250- 101 STREET NW. EDMONTON, ALBERTA T5J 3P4

December 10, 1996 To:

All Subscribers of Replacement Pages for the Land Use Bylaw No. 5996, Consolidation No. 10

From:

Etelka Mazzotta Bylaw Amendments Officer Planning Services Branch

Subject:

December 10, 1996 Replacement Pages for Land Use Bylaw No. 5996

On October 21 and 29, 1996 and November 18, 1996, City Council approved the following bylaws amending the Land Use Bylaw No. 5996. Bylaw No. 11351: Section 820D, Appendix I - Amendment to the Boyle Street/McCauley SPO Bylaw No. 11356: Section 820G, Appendix I - Amendment to the Garneau SPO Bylaw No. 11313: Section 820H, Appendix I - Amendment to the Montrose/Santa Rosa SPO The City of Edmonton Planning and Development Department is preparing a new consolidation to the Land Use Bylaw, Consolidation No. 11. As a result, a number of administrative changes occurred. Enclosed are new pages which incorporate these changes. Please update your Land Use Bylaw by removing from it the old pages and replacing them with these pages, as follows:

Edmonton Land Use Bylaw Record of Text Amendments Section 50 to Section 79 - General Development Regulations Section 80 to Section 109 - Special Land Use Provisions Section 110 - RF1 - Singe Detached Residential District Section 111 - Residential Small Lot District Section 230 - High Rise Apartment District Section 813 - Entrance Routes and special Area Overlay Schedule A Section 818 - Overlay Schedule fo, Major and Minor Secondhand Stores

Insert New Pages

Remove Current Pages Explanatory Notes: vii - xii c47 - c48 c107 - c108 d17 - d18 d21 - 23 e3 - e4

Explanatory Notes vii - xii c47-c48 c107 - c108 d17 - d18 d21 - 23 e3 - e4

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Digitized from copy in City of Edmonton CRC Accession 06F003

Section 820D - Boyle St./McCauley SPO Section 820G - Garneau SPO Section 820H - Montrose/Santa Rosa SPO

Remove Current Pages Appendix I Appendix I Appendix I

Insert New Pages Appendix I Appendix I Appendix I

With these replacement pages, your Land Use Bylaw Consolidation 10 is effectively up-to-date, consistent with Consolidation 11. All future replacement pages will be referred to as "Replacement Pages for Consolidation 11". If you have any questions, please contact me at 496-6194.

â&#x20AC;˘ EM/em Enclosure

Digitized from copy in City of Edmonton CRC Accession 06F003

EDMONTON LAND USE BYLAW NO. 5996 EXPLANATORY NOTES:

Bylaw No. 5996, the Edmonton Land Use Bylaw, was adopted by City Council on July 3, 1980 and became effective on that date. The complete Land Use Bylaw is made up of five Parts. This Land Use Bylaw package consists of Parts I and II (except for certain Appendices to Part II as noted below). Part I consists of Sections 1 through 109; Part II consists of Sections 110 through 999 (District Clauses, Overlays and Special Areas). The following information is not included as part of this Land Use Bylaw package, and may be obtained separately by contacting Customer Services of the Planning and Development Department, 2nd Floor, The Exchange Tower (10250 - 101 Street; telephone 496-6160): (a)

Appendix Ito Section 810A of Part II, being the Edmonton Municipal Airport Protection Overlay Map (reference Section 810A.1(2));

(b)

Appendix I to Section 811 of Part II, being the North Saskatchewan River Valley and Ravine System Protection Overlay Schedule (reference Section 811.2(1));

(c)

Part III, being the Land Use District Map;

(d)

any Direct Control District, specifically any DC1, DC2 or DC5 District (the DC5 Districts are contained within Part IV), approved by City Council for a specific site or sites in the City (reference Sections 710, 720 and 750 of Part I);

(e)

Part V. being the Land Use Bylaws which were in effect as of January 1, 1982, specifically for the M.D. of Sturgeon, City of St. Albert, County of Parkland and County of Strathcona, for lands which the City of Edmonton annexed under Alberta Planning Board Order No. 14000 (reference Section 1.2(5) of Part I).

This document has been consolidated for convenience only. A record of bylaws amending the text of Bylaw No. 5996 (ie. Parts I and II), adopted by Council since July 3, 1980 are contained on the following pages. The Official Bylaw and amendments thereto are available from the Office of the City Clerk, and should be consulted for all purposes of interpretation and application where an officially certified version is necessary. Subsequent bylaws amending the text of the Land Use Bylaw will be available in the form of "replacement pages" (whereby the amendment is formatted as part of the replacement page). All such amendments can be obtained for a yearly subscription fee. Questions concerning the interpretation and application of the Land Use Bylaw may be directed to the Community Planning Section (496-6231) of the Planning and Development Department.

Digitized from copy in City of Edmonton CRC Accession 06F003

Digitized from copy in City of Edmonton CRC Accession 06F003 RECORD OF TEXT AMENDMENTS TO EDMONTON LAND USE BYLAW NO. 5996

September 3, 1996

11321

Amendments to Create a New Use Class for Casinos and other Gaming Establishments, to Change Major and Minor Secondhand Stores, and to Create Section 818.

October 21, 1996

11351

Boyle Street/McCauley SPO (Section 820D).

October 29, 1996

11356

Garneau SPO (Section 820G).

November 18, 1996

11313

Montrose/Santa Rosa SPO (Section 820H).

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Digitized from copy in City of Edmonton CRC Accession 06F003 CONTENTS PREAMBLE Sections 1-10

PART I GENERAL CLAUSES

Operative and Interpretative Clauses Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10

Title and Contents Previous Legislation Effective Date Transitional Provisions Non-conforming Buildings, Structures and Uses The Land Use District Map Approval Required for Development Compliance with Other Legislation Definitions Use Class Definitions

Page al a2 a2 a2 a6 a7 a9 a9 all) a26

Sections 11-27 General Administrative Clauses Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 Section 17 Section 18 Section 19 Section 20 Section 21 Section 22 Section 23 Section 24 Section 25 Section 26 Section 27

Authority and Responsibility of the Development Officer Authority and Responsibility of the Municipal Planning Commission (Deleted) Authority and Responsibility of the Subdivision and Development Appeal Board Development Classes Development Application Submissions Special Information Requirements Conditions Attached to Development Permit Decisions on Development Applications Validity of Development Permit Resubmission Interval Development Permit and Agreement Fees Notification of Issuance of Development Permits Appeals Expiry of Permit Enforcement and Penalties Amendments Land Use Bylaw Compliance Certificate and Certificate Fees

bl b4 b4 b4 b13 b23 b28 b30 b30 b31 b32 b39 b40 b40 b41 b46 b54

Sections 50-79 General Development Regulations Section 50 Section 51 Section 52 Section 53 Section 54 Section 55 Section 56 Section 57 Section 58

Applicability Lot Dimensions and Areas General Regulations for Yards, Separation Space, Amenity Area and Setbacks Yards on Corner Sites and Double Fronting Sites in Residential Districts Projection into Yards and Separation Spaces Objects Prohibited or Restricted in Residential Districts Amenity Area Private Outdoor Amenity Area Separation Space

viii

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Digitized from copy in City of Edmonton CRC Accession 06F003 CONTENTS PREAMBLE

PART I GENERAL CLAUSES Page

Section 60 Section 61 Section 62 Section 63 Section 64 Section 65 Section 66 Section 67 Section 68 Section 69 Section 70 Section 71 Section 72 Section 73 Section 74 Section 75 Section 76

Section 77 Section 79

Fences in Residential Districts Accessory Uses and Buildings Lighting of Sites Height Access to Sites Off-street Vehicular Loading and Unloading Facilities Required Off-street Vehicular Accessory Parking Hardsurfacing and Curbing of Parking, Loading and Unloading Spaces Parking Garages Landscaping Excavation, Stripping and Grading Microclimate Development Information Signs Performance Standards for Industrial Developments General Performance Standards for Non-industrial Development Pedestrian Ways Passenger Drop-off Spaces for Public and Private Elementary, Junior High and High Schools General Performance Standards for a Safe Physical Environment Sign Regulations

cll c12 c17 c18 c19 c21 c22 c35 c37 c37 c47 c48 c49 c50 c53 c53

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Sections 80-109 Special Land Use Provisions Section 80 Section 81 Section 82 Section 83 Section 84 Section 85 Section 86 Section 87 Section 88 Section 89 Section 90 Section 91 Section 92 Section 93 Section 94 Section 95 Section 96

Applicability Religious Assembly Vehicular-Oriented Uses Carnivals Minor Home Occupation Major Home Occupation Boarding and Lodging Houses Apartment Housing and Boarding and Lodging Houses, for Senior Citizens Conversion of Single Detached, Semi-detached or Duplex Dwellings to Professional Offices Mobile Homes Essential Utility Services Group Homes Community Housing Designator (Deleted) Child Care Services Fraternity and Sorority Housing Residential Sales Centres Adult Mini-Theatre

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Digitized from copy in City of Edmonton CRC Accession 06F003 CONTENTS PREAMBLE

PART II DISTRICT CLAUSES AND OVERLAY SCHEDULES

Page Section 97 Section 98 Section 99 Section 100 Section 101 Section 102

Recycled Materials Drop-off Centres Major and Minor Alcohol Sales Secondary Suites Uses with Special Siting, Access and Traffic Impact Requirements Restaurant, Hotel and Entertainment Uses Flea Markets

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Sections 110-299 Residential Districts Section 110 Section 111 Section 120 Section 130 Section 140 Section 150 Section 160 Section 170 Section 210 Section 220 Section 230 Section 240 Section 250 Section 260

RF1 RSL RF2 RPL RF3 RF4 RF5 RF6 RA7 RA8 RA9 RMX

RR RMH

Single Detached Residential District Residential Small Lot District Low Density Infill District Planned Lot Residential District Low Density Redevelopment District Semi-detached Residential District Row Housing District Medium Density Multiple Family District Low Rise Apartment District Medium Rise Apartment District High Rise Apartment District Residential Mixed Use District Rural Residential District Mobile Home District

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Neighbourhood Convenience Commercial District Shopping Centre District Low Intensity Business District General Business District Highway Corridor District Commercial Office District Commercial Mixed Use District

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Sections 300-399 Commercial Districts Section 310

CNC

Section 320 Section 330 Section 340 Section 350 Section 360 Section 370

CSC CB1 CB2 CHY CO CMX

Sections 400-499 Industrial Districts Section 410 Section 420 Section 430

IB IM III

Industrial Business District Medium Industrial District Heavy Industrial District

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Sections 500-599 Urban Service Districts Section 510 Section 520 Section 530 Section 540 Section 550

US PU AP A MA

Urban Services District Public Utility District Public Parks District Metropolitan Recreation District Municipal Airport District

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Digitized from copy in City of Edmonton CRC Accession 06F003 CONTENTS PREAMBLE

PART II DISTRICT CLAUSES AND OVERLAY SCHEDULES

Page

Sections 600-699 Agricultural and Reserve Districts Section 610 Section 620 Section 630

AG AGU AG!

Agricultural District Urban Reserve District Industrial Reserve District

il i3 i5

Sections 700-799 Direct Control Districts Section 710 Section 720 Section 730 Section 740 Section 750

DC1 DC2 DC3 DC4 DC5

Direct Development Control District Comprehensively Planned Development District Temporary Holding District Special Public Service District Site Specific Development Control District

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Sections 800-899 Overlays Section 810 Section 810A Section 811 Section 812 Section 812A Section 812B Section 812C Section 813 Section 814 Section 815 Section 816 Section 817 Section 818 Section 820 Section 820A Section 820B Section 820C

Section 820D Section 820E Section 820F Section 820G Section 820H

Airport Protection Overlay APO Airport Protection Overlay Schedule for the Edmonton Municipal Airport North Saskatchewan River Valley and Ravine System Protection Overlay FPO Floodplain Protection Overlay Floodplain Protection Overlay Schedule for Cloverdale Floodplain Protection Overlay Schedule for Rossdale Floodplain Protection Overlay Schedule for Riverdale Entrance Routes and Special Area Overlay Schedule A Overlay Schedule for Major Commercial Corridors Overlay Schedule for Low Density Redevelopment Belgravia Overlay Schedule for Single Detached Residential Development McKentan/Parkallen Overlay Schedule for Single Detached Residential Development Overlay Schedule for Major and Minor Secondhand Stores Statutory Plan Overlay SPO Statutory Plan Overlay Schedule for the Oliver Area Redevelopment Plan Statutory Plan Overlay Schedule for the Belvedere Station Area Redevelopment Plan Statutory Plan Overlay Schedule for the Old Strathcona Area Redevelopment Plan Statutory Plan Overlay Schedule for the Boyle Street/McCauley Area Redevelopment Plan Statutory Plan Overlay Schedule for the Downtown Area Redevelopment Plan Statutory Plan Overlay Schedule for the Central McDougall Area Redevelopment Plan Statutory Plan Overlay Schedule for the Garneau Area Redevelopment Plan Statutory Plan Overlay Schedule for the Montrose/Santa Rosa Area Redevelopment Plan

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Digitized from copy in City of Edmonton CRC Accession 06F003 CONTENTS PREAMBLE

PART II DISTRICT CLAUSES AND OVERLAY SCHEDULES

Page Section 8201 Section 820J Section 820K Section 820L Section 820M

Statutory Plan Overlay Schedule for the Parkdale Area Redevelopment Plan Statutory Plan Overlay Schedule for the Cloverdale Area Redevelopment Plan Statutory Plan Overlay Schedule for the Rossdale Area Redevelopment Plan Statutory Plan Overlay Schedule for the Scona East Area Redevelopment Plan Statutory Plan Overlay Schedule for the Riverdale Area Redevelopment Plan

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Sections 900-999 Special Areas Section 900 Section 920

Special Areas General Provisions Special Area Terwillegar Towne

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SECTION 50-79

GENERAL DEVELOPMENT REGULATIONS

the proportion of deciduous to coniferous trees and shrubs shall be approximately 50:50; and

the following mix of tree 5i7P-R shall be used: i)

50% of required deciduous trees shall be a minimum 50 mm (0.16 ft.) calliper and 50% shall be a minimum 75 mm (0.25 ft.) calliper; and

ii)

75% of required coniferous trees shall be a minimum of 2.5 m (8.2 ft.) in height' and 25% shall be a minimum 3 5 m (11.5 ft.) in height.

The regulations regarding the required Specifications for Plant Materials of this Bylaw may be waived by the Development Officer at the request of a qualified or accredited landscape professional, such as a horticulturalist, architect or landscape architect acting on behalf of the owner.

70. Excavation, Stripping and Grading 1)

For the purpose of this Section, excavation shall mean excavation other than for construction or building purposes, including but not limited to, sand and gravel mining, top soil stripping, and construction of artificial bodies of water.

A person wishing to excavate, strip or grade land shall provide the following details in his application: a)

the location and area of the site on which the excavation, stripping or grading is to take place;

the existing land use and vegetation;

the type and dimensions of the excavation to be made, and the effect on existing drainage patterns; and

the condition in which the excavation is to be left when the operations is complete, or the final disposition to be made of the area from which the topsoil is to be removed, including the action which is to be taken for restoring the condition of the surface of the land to be affected, and for preventing, controlling or lessening the creation of erosion or dust from the land.

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SECTION 50-79

GENERAL DEVELOPMENT REGULATIONS

Bylaw No. 11261 June 17, 1996

The Development Officer shall consider every application for a permit to excavate land, and shall not issue a permit unless he is satisfied that: a)

the operation will be carried out so as to create a minimum of dust and environmental disturbance;

the operation is one which, in the opinion of the Development Officer, is reasonably necessary for the use and development of the land in question, considering the need for preservation of prime agricultural land, the need for natural preservation, and the future need for soil on the site; and

the operation will not destroy, disturb, or alter any historical resource designated in accordance with the Historical Resources Act, 1980.

The Development Officer may require as a condition of issuing a permit to excavate land, that the applicant take the precautions and follow the methods prescribed by the Development Officer for the prevention or control of dust or any other nuisance caused by the proposed operation, and for the reclamation of the site if required.

71. Microclimate Based upon a Wind Speed or Sun Shadow Impact Study, prepared in accordance with Sections 16.2, or 16.3, the Development Officer may require that the siting, orientation, massing, height, facade, landscaping or other design elements of the proposed development shall be altered to reduce the microclimatic impact or to achieve the microclimatic guidelines established in the applicable Statutory Plan for affected parks, plazas, walkways, or other pedestrian-oriented open spaces intended for the use and enjoyment of the public. When a Microclimatic Impact Study indicates that strict adherence to the Statutory Plan is not feasible, or would result in a design which would conflict with: a)

other regulation of this Bylaw or the General Purpose of the applicable Land Use District; or

other applicable Statutory Plan objectives; or

the use or enjoyment of private open spaces,

the Development Officer may relax this requirement accordingly.

c48

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GENERAL DEVELOPMENT REGULATIONS

SECTION 60-79

79J

Sign Schedule for Land Use Districts: DC1 and DC2

79J.1 Allowable Signs and Sign Regulations 1)

Signs requiring a Development Permit may be allowed for developments in a DC1 District at the discretion of the Development Officer, who shall have regard for all or any of the following: a)

the Sign use provisions and criteria of an applicable Area Structure Plan or Area Redevelopment Plan;

the Sign provisions of a Sign Schedule specified for the DC1 District in an applicable Area Structure Plan or Area Redevelopment Plan;

the visual harmony and compatibility of the proposed Sign with the architectural character and finish of the development and with the design, location and appearance of other Signs on the development;

any relevant development criteria or conditions applying to a site as a result of its designation as a historical resource under the Historical Resources Act, 1980; and

the Sign provisions of the Sign Schedules applicable to the Land Use Districts abutting the DC1 District in cases where there are no Sign provisions for the DC1 District, pursuant to Clauses (a), (b) and (d) above.

Signs requiring a Development Permit may be allowed for developments in a DC2 District at the discretion of the Development Officer who shall have regard for all or any of the following: a)

Sign criteria specified within the Development Agreement approved by Council to regulate the use and development of the site where the Sign is proposed;

the Sign provisions of the Sign Schedules applicable to the Land Use Districts abutting the DC2 site where the proposed Sign is to be erected; and

Digitized from copy in City of Edmonton CRC Accession 06F003

SECTION 50-79

GENERAL DEVELOPMENT REGULATIONS

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SECTION 80-109

SPECIAL LAND USE PROVISIONS 4)

where a site is located within a Residential District or is visible from residential development located within 60 m (196.8 ft.) of the site, the colour and material of the exterior finish of the temporary structure and hoardings or false fronts, excluding advertising copy, shall be compatible with those commonly found in Residential Districts;

all off-premise directional signage and on-premise advertising signage, including the display of advertising copy and supergraphics on hoardings or false fronts used to enclose temporary structures, shall be in accordance with subsection 79.9(3)(e) this Bylaw;

any exterior lighting shall be developed in accordance with Section 62 of this Bylaw;

a development application for Residential Sales Centre shall be accompanied by the following information in addition to the information required by Section 15.3 of this Bylaw:

a context plan identifying the nature of the land uses and development within a 60 m (196.8 ft.) radius of the proposed site;

a description of the exterior finish materials and colours for any temporary sales structure including any proposed hoardings or false fronts;

drawings showing the location, area, Height, construction material, colour and method of support for any proposed on-site identification and advertising Signs, including any advertising or supergraphics that will be displayed on a hoarding or false front; and

drawings showing the area, Height, construction materials and method support for any proposed offsite directional Signs which will exceed 1 m2 (10.76 sq. ft.) in area of 1.5 m (4.9 ft.) in Height, and a description of the proposed location for the Signs; and

â&#x20AC;˘ the Development Permit for a Residential Sales Centre shall be valid for such a period of time as specified by the Development Officer having regard for the amount of land or development being marketed, but in no case shall the time period exceed two years.

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Digitized from copy in City of Edmonton CRC Accession 06F003 SECTION 80-109

96.

Adult Mini-Theatre

Bylaw No. 9859 October 9, 1991

97.

SPECIAL LAND USE PROVISIONS

An Adult Mini-Theatre shall comply with the development regulations of the Land Use District in which it is to be located, subject to the following exceptions: 1)

there shall be no minimum site area requirement; and

an Adult Mini-Theatre shall be located only on a site with a minimum radial separation distance of 150 m or more from the property line of any site in a Residential District, any site with an existing Public or Private Education Service, any site with an existing Religious Assembly, Public Park or other use which may have a playground as an ancillary element, and any site with another existing Adult Mini-Theatre.

Recycled Materials Drop-off Centres

Bylaw No, 9949 November 25, 1991

A Recycled Materials Drop-off Centre shall comply with the following regulations: 1)

maximum area of this Use Class on a given site shall not exceed 464.5 m2 (5,000 sq. ft.);

the area of the Drop-off Centre shall be surrounded by a fence or wall at least 1.82 m (6.0 ft.) in height. The fence shall be constructed to the satisfaction of the Development Officer;

the Drop-off Centre shall have a minimum of two gates in the fence, suitable for vehicular access and egress;

landscaping shall be placed along the sides of the Drop-off Centre which are visible from any adjacent roadway, not including a lane, or are visible from adjacent lands which are districted as residential. The landscaping shall consist of coniferous trees and shrubs, or a mix of coniferous and deciduous trees and shrubs, of a height and density sufficient, in the opinion of the Development Officer, to substantially screen the development from view from an adjacent roadway, not including a lane, or adjacent sites districted residential. Such landscaping may be placed in temporary, movable planters or containers;

any on-site lighting provided specifically for a Drop-off Centre development shall comply with the provisions of Section 62 (Lighting of Sites) of this Bylaw; and

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Digitized from copy in City of Edmonton CRC Accession 06F003

SECTION 80-109

SPECIAL LAND USE PROVISIONS

in developing a Secondary Suite, the owner shall comply with all relevant requirements of the Alberta Building Code, as amended from time to time. The issuance of a Development Permit for a Secondary Suite does not relieve the applicant of the requirement to comply with the Alberta Building Code;

on-site parking shall be required in accordance with Section 66 of this Bylaw;

notwithstanding subsection 9.1(29) of this Bylaw, the number of unrelated persons occupying a Secondary Suite shall not exceed three; and

the principal use in the structure intended to contain the Secondary Suite shall be existing prior to the application for the Development Permit for the Secondary Suite.

100. Uses With Special Siting, Access and Traffic Impact Requirements Bylaw No. 10207 August 15, 1994

Bylaw No. 11095 November 6, 1995

The siting, vehicular acress and traffic movements generated by the development of the following Use Classes may be reviewed by the Transportation Department, to ensure that the traffic impacts generated by these developments are acceptable and do not prejudice safety and traffic movements on adjacent public roadways: a)

Child Care Services, where a passenger drop-off zone is to be provided;

General Retail uses with more than 2 500 m2 (26,896.0 sq. ft.) of floor space;'

Hotels;

Major Amusement Establishments;

Major Eating and Drinking Establishments;

Professional, Financial and Office Support Services;

Spectator Entertainment Establishments; and

Warehouse Sales.

The Development Officer, based upon the advice of the Transportation Department, may as a condition of approval, limit the gross floor area and/or seating capacity for any of the Use Classes listed in Section 100.1 above, so as to minimip the adverse traffic impact of the development.

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SECTION 80-109

SPECIAL LAND USE PROVISIONS

101. Restaurant, Hotel and Entertainment Uses Bylaw No. 10207 August 15, 1994

Any application for a Development Permit for a Hotel, an Indoor Participant Recreation Service, a Major Eating and Drinking Establishment, a Motel, a Private Club, a Spectator Entertainment Establishment, or any combination thereof, where parking is required pursuant to Schedule 66A of this Bylaw for combined seating and/or occupancy by 500 patrons or more, and where the full provision of such parking is not provided for in the application, shall include a comprehensive Parking Demand Study. This Study shall contain, but not be limited to, the following: design of the proposed development;

the parking requirements of all Use Classes within the development in accordance with the standards identified in Schedule 66A of this Bylaw;

the amount and location of parking available on the site and available on nearby sites; and

the means by which sufficient parking and circulation are to be provided for the proposed development, if not fully available on-site.

The Development Officer shall review such a Parking Demand Study, in consultation with the Transportation Department, in order to determine the appropriate number and location of parking spaces for the development. This number may be higher or lower than the standard identified for parking in Schedule 66A of this Bylaw, at the discretion of the Development Officer, based on the individual circumstances of the application, such as excessive demand for parking during certain hours, the staggered hours of operation of some uses on the site, which may allow complementary use of parking stalls, or the availability of guaranteed off-site parking.

102. Flea Markets Bylaw No. 10773 July 26, 1994

A Flea Market shall comply with the following regulations: 1)

no Flea Market shall be developed within 50 m (164 ft.) of a Residential District. This distance shall be measured from the closest portion of the site containing the Flea Market to the closest portion of a Residential District;

parking shall be provided in acc,--hdance with the provisions of Schedule 66A, subject to the following additional regulations:

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Digitized from copy in City of Edmonton CRC Accession 06F003

SECTION 80-109

SPECIAL LAND USE PROVISIONS

no more than 33% of the minimum required on-site parking, as specified under Schedule 66A, shall be allowed on nearby properties as prescribed under subsection 66.5(2) of this Bylaw. Parking for Flea Markets provided in excess of the minimum requirement is not subject to this provision;

for Flea Markets located on sites where on-site parking is shared with other businesses having space in the same building or complex, the calculation for required parking shall not include parking spaces required for these other businesses, subject to subsection 102.2(c) below; and

the Development Officer may allow use of off-site or other on-site parking spaces used by other businesses to fulfil up to 33% of the minimum parking requirement for the Flea Market, if these other businesses have hours of operation which have no overlap with the hours of operation of the Flea Market, and if the applicant can produce a written agreement with the owners/lessees of such other businesses which guarantees the complementary use of these spaces to the satisfaction of the Development Officer;

sites containing Flea Market development should have direct vehicular access to arterial roadways, unless the site is located within an industrial park. The Development Officer shall consult with the Transportation Department to determine if vehicular access to a Flea Market site is satisfactory; and

notwithstanding the provisions of Subsection 79.9(3)(b)(iv) of this Bylaw, the placement of Portable or Balloon Signs advertising Flea Market operations, regardless of weekendonly hours, shall be subject to the regulations of subsection 79.9(3)(b)(iii) of this Bylaw.

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SECTION 110

RF1 SINGLE DETACHED RESIDENTIAL DISTRICT

110.5

Additional Development Regulations for Discretionary Uses

Bylaw No. 6190 September 9, 1980 Bylaw No. 10936 October 16, 1995

Notwithstanding Section 110.4, Semi-detached and Duplex Housing, and Secondary Suites in this District, shall be developed in accordance with the provisions of the RF2 District.

Bylaw No. 10529 November 15, 1993 Bylaw No. 10741 June 20, 1994 Bylaw No. 10529 November 15, 1993

Deleted.

Major Home Occupations shall be developed in accordance with Section 85 of this Bylaw.

Group Homes shall be developed in accordance with Section 91 of this Bylaw.

Notwithstanding the minimum site area and minimum site width provisions of this District, Religious Assembly Uses shall be developed in accordance with Section 81 of this Bylaw.

Bylaw No. 6626 November 10, 1981 Bylaw No. 11095 November 6, 1995 Bylaw No. 7322 September 16, 1983

Child Care Services shall be developed in accordance with Section 93 of this Bylaw.

Residential Sales Centres shall be developed in accordance with Section 95 of this Bylaw.

Bylaw No. 10457 January 25, 1994

Secondary Suites shall be developed in accordance with Section 99 of this Bylaw.

Bylaw No. 10457 January 25, 1994

The Development Officer may exercise discretion in considering Secondary Suite development having regard to: a)

compatibility of the use with the siting, grade elevations, Height, building types and materials characteristic of surrounding Single Detached Housing and development, where a Secondary Suite is developed in whole or in part as an above-grade addition to an existing residential structure;

the effect on the privacy of adjacent properties; and

the policies and guidelines for Secondary Suite Housing contained in a Statutory Plan or Community Plan for the area.

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SECTION 111

Bylaw No. 10741 June 20, 1994

RSL RESIDENTIAL SMALL LOT DISTRICT

10)

Separation Space shall be provided between two or more Dwellings or portions thereof on the same site, in accordance with Section 58 of this Bylaw; and

11)

Minor Home Occupations shall be developed in accordance with Section 84 of this Bylaw.

111.5 Additional Development Regulations for Discretionary Uses 1)

In addition to Section 111.4, Semi-detached and Duplex Housing, and Secondary Suites in this District, shall be developed in accordance with the provisions of subsections 120.4(1), 120.4(2) and 120.5(1) of the RF2 District.

Bylaw No. 10529 November 15, 1993 Bylaw No. 10741 June 20, 1994

Deleted.

Bylaw No. 10529 November 15, 1993

Major Home Occupations shall be developed in accordance with Section 85 of this Bylaw.

Group Homes shall be developed in accordance with Section 91 of this Bylaw.

Notwithstanding the minimum site area and minimum site width provisions of this District, Religious Assembly Uses shall be developed in accordance with Section 81 of this Bylaw.

Child Care Services shall be developed in accordance with Section 93 of this Bylaw.

Residential Sales Centres shall be developed in accordance with Section 95 of this Bylaw.

Bylaw No. 10457 January 25, 1994

Secondary Suites shall be developed in accordance with Section 99 of this Bylaw.

Bylaw No. 10457 January 25, 1994

The Development Officer may exercise discretion in considering Secondary Suite development having regard to:

Bylaw No. 10936 October 16, 1995

Bylaw No. 11095 November 6, 1995

the effect on the privacy of adjacent properties; and

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SECTION 111

RSL RESIDENTIAL SMALL LOT DISTRICT

the policies and guidelines for Secondary Suite Housing contained in a Statutory Plan or Community Plan for the area.

Digitized from copy in City of Edmonton CRC Accession 06F003

SECTION 230

RA9 HIGH RISE APARTMENT DISTRICT

Bylaw No. 10207 August 15, 1994

the maximum Floor Area Ratio shall be 3.0, except that the Development Officer may increase this maximum for developments with larger individual unit floor plates and additional indoor Amenity Areas and facilities, and which comply with the unit density provisions of this section. Any application for a development proposed to exceed 3.0 F.A.R. shall be processed as a Class D Development Permit;

Bylaw No. 10207 August 15, 1994

the maximum building Height shall be 45 m (147.6 ft.), except that the Development Officer may increase this maximum for developments with individual unit ceiling heights over 2.75 m (9.0 ft.), and which comply with the unit density provisions of this section. Any application for a development proposed to exceed 45 m (147.6 ft.) in Height shall be processed as a Class D Development Permit;

the minimum Front Yard shall be 6 m (19.7 ft.);

the minimum Rear Yard shall be 7.5 m (24.6 ft.);

the minimum Side Yard shall be 1 m (3.3 ft.) for each storey or partial storey, up to a maximum of 7.5 m (24.6 ft.), except that a total of at least 2 m (6.6 ft.) shall be provided in all cases. A Side Yard shall be not less than 4.5 m (14.8 ft.) where it abuts a flanking public roadway other than a lane;

Separation Space shall be provided in accordance with Section 58 of this Bylaw;

a minimum Amenity Area of 7.5 .m2 (80.7 sq. ft.) per Dwelling shall be provided; and

10)

Minor Home Occupations shall be developed in accordance with Section 84 of this Bylaw.

Bylaw No. 10741 June 20, 1994

230.5 Additional Development Regulations for Discretionary Uses Bylaw No. 10936 October 16, 1995

Notwithstanding Section 230.4, Single Detached, Semidetached and Duplex Housing, and Secondary Suites in. this District shall be developed in accordance with the provisions of the RF4 District.

Personal Service Shops, Convenience Retail Stores, Professional Offices, and Clinics shall not be in any freestanding structure separate from a structure containing residential uses, and shall not be developed above the lowest storey, except in the case of the Conversion of Dwellings.

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SECTION 230

Bylaw No. 10529 November 15, 1993 Bylaw No. 10741 June 20, 1994

RA9 HIGH RISE APARTMENT DISTRICT

Deleted.

Notwithstanding Section 230.4, Clause (1), Housing for Senior Citizens shall be governed by Section 87 of this Bylaw.

Conversion of Single Detached, Semi-detached, and Duplex Dwellings to Professional Offices shall be in accordance with Section 88 of this Bylaw.

The Development Officer may exercise his discretion in considering Apartment Housing, or Boarding and Lodging Houses, which would isolate another site within this District of less than 800 m2 (8,611.1 sq. ft.) having regard to the location, age, and nature of the use or uses on the site which would be isolated.

Group Homes shall be developed in accordance with Section 91 of this Bylaw.

Bylaw No. 10457 January 25, 1994

Notwithstanding the minimum site area provisions of this District, Religious Assembly uses shall be developed in accordance with Section 81 of this Bylaw.

Bylaw No. 6626 November 10, 1981 Bylaw No. 11095 November 6, 1995 Bylaw No. 7016 December 14, 1982 Bylaw No. 10529 November 15, 1993 Bylaw No. 6220 May 25, 1982

Child Care Services shall be developed in accordance with Section 93 of this Bylaw.

10)

Major Home Occupations shall be developed in accordance with Section 85 of this Bylaw.

11)

Notwithstanding the development regulations of this District, Fraternity and Sorority Housing shall be developed in accordance with Section 94 of this Bylaw.

Bylaw No. 7322 September 16, 1983

12)

Residential Sales Centres shall be developed in accordance with Section 95 of this Bylaw.

Bylaw No. 10457 January 25, 1994

13)

Secondary Suites shall be developed in accordance with Section 99 of this Bylaw.

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SECTION 813

Bylaw No. 9180 September 12, 1989

ENTRANCE ROUTES AND SPECIAL AREA OVERLAY SCHEDULE A

813.1 General Purpose To provide specific regulations for development in highly visible areas along roadways that have been designated as Entrance Routes to the City or the Downtown and for development in Special Areas designated in this Overlay so as to ensure a high standard of appearance that contributes to the overall perception of an attractive City.

813.2 Application 1)

This Overlay shall apply to all lands abutting the roadways identified as Entrances on the Entrance Routes and Special Area Overlay Map, attached hereto as Appendix I to this Overlay.

This Overlay shall apply to lands identified as Special Areas on the Entrance Routes and Special Overlay Map, attached hereto as Appendix Ito this Overlay.

Where the provisions of this Overlay appear to be in conflict with the regulations of any other section of this Bylaw, the provisions of this Overlay shall take precedence. Where there is no conflict the provisions of this Overlay shall be applied in conjunction with the regulations of the underlying District(s) and other sections of this Bylaw.

813.3 Uses The Permitted and Discretionary Uses cited in the underlying Districts, subject to the additional regulations concerning land use specified in Section 813.4.

813.4 Regulations

Bylaw No. 11260 Jade-17,71996

All development, including signs, on land abutting the roadways identified as Entrances on the Entrance Routes and Special Area Overlay Map shall be serviced by underground power, telephone and C.A.T.V. services.

All development, including signs, within lands identified as Special Areas on the Entrance Routes and Special Area Overlay Map shall be serviced by underground power, telephone and C.A.T.V. services.

The Development Officer may vary any of the regulations of this Overlay where, in the opinion of the Development Officer:

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SECTION 813

ENTRANCE ROUTES AND SPECIAL AREA OVERLAY SCHEDULE A

the proposed development, or the connection of services to the proposed development, is of such a minor nature that no substantive impact would occur as a result of installation of these services above ground;

ii)

the proposed development consists of a reuse of an existing structure in which the proposed development is of such a minor nature that the costs of underground services would represent a disproportionate or unreasonable expenditure for the applicant; or

iii)

the connection of above ground services would not represent a negative aesthetic impact due to its small scale, obscured location or lack of visibility from nearby roads.

Digitized from copy in City of Edmonton CRC Accession 06F003

OVERLAY SCHEDULE FOR MAJOR AND MINOR SECONDHAND STORES

SECTION 818

Bylaw No. 11321 September 3, 1996

818.1 General Purpose To supplement the regulations of commercial districts regarding Major and Minor Secondhand Stores in order to require parties interested in developing such uses to consult with surrounding property owners prior to applying for a Development Permit. 818.2 Application

818.3

This Overlay shall apply to those lands as may be established by City Council through amendment to the Land Use Bylaw.

Where the provisions of this Overlay appear to be in conflict with the regulations of any other section of the Land Use Bylaw, the provisions of the Overlay shall take precedence. Where there is no conflict, the provisions of this Overlay shall be applied in conjunction with the regulations of the underlying District(s) and other sections of the Land Use Bylaw.

Notwithstanding that a Major or Minor Secondhand Store development does not conform to this Overlay Schedule, the where a Development Permit was issued for development prior to the adoption of this Overlay Schedule, such development shall be deemed to conform to the regulations contained within this Overlay Schedule.

Uses Major Secondhand Stores and Minor Secondhand Stores Use Classes in the underlying commercial districts are subject to the additional regulations of this Overlay Schedule.

818.4 Regulations Development Permit applications shall include: a)

proof that at the earliest possible point in the planning of the proposed development, but in any event not later than 21 days prior to the submission of the Development Permit application, the Applicant has contacted, in person, by mail or by way of community meetings or open houses each assessed owner of land wholly or partly within a distance of 30m (98.4 ft.) of the boundary of the site, and the President of the Community League operating within the area where the site is located, to review with them details of the proposed development and to seek their comments on the proposal;

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Digitized from copy in City of Edmonton CRC Accession 06F003

SECTION 818

OVERLAY SCHEDULE FOR MAJOR AND MINOR SECONDHAND STORES

a narrative which is to include: i)

an explanation of the extent of community contact (i.e. who was contacted, by what means and when in the development process such contact occurred);

ii)

documentation of the opinions and concerns expressed to the Applicant, if any were received, by the President(s) of any Community League and the property owners contacted in response to the information on the proposed development provided to them;

iii)

details as to how the applicant has modified the proposed development, if at all, in response to the opinions and concerns expressed by the community; and

iv)

where the applicant has not modified the proposed development to specifically address the concerns and opinions of the community, an explanation from the applicant as to why further modifications to the proposed development cannot be accommodated or why, in the opinion of the applicant, further modifications to the proposed development are not warranted or necessary.

k30.16

Digitized from copy in City of Edmonton CRC Accession 06F003

BCNLE MGCLEY

APPENDIX Ito SCHEDULE 820D of Bylaw 5996 as amended by: Bylaw 6390 and subsequent appropriate Bylaws.

Area Redevelopment Plan

* Designation applied to sites with altered or specified development regulations in accordance with Schedule 820D, Land Use Bylaw. (AREA) distinguishes between areas under Districts with the same designation but with different regulations pursuant to Schedule 820D.

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Digitized from copy in City of Edmonton CRC Accession 06F003

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APPENDIX Ito SCHEDULE 820G of Bylaw 5996 as amended by: Bylaw 6220 and subsequent appropriate Bylaws.

AREA REDEVELOPMENT PLAN * Designation applied to sites with altered or specified development regulations in accordance with Schedule 820G, Land Use Bylaw.

(AREA) distinguishes between areas under Districts with the same designation but with different regulations pursuant to Schedule 820G.

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Digitized from copy in City of Edmonton CRC Accession 06F003

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Digitized from copy in City of Edmonton CRC Accession 06F003