City of St. Albert - Land Use Bylaw

City of St. Albert

Land

Use

Bylaw

PUBLIC DRAFT

OCTOBER 2023

 
 
 
City of St. Albert 
Draft Land Use Bylaw 
TABLE OF CONTENTS  
Part 1   Purpose ........................................................................................................................ 1 
Jurisdiction .................................................................................................................... 1 
Development Authority .................................................................................................. 3 
Bylaw Amendments ...................................................................................................... 4 
Contravention and Enforcement .................................................................................... 5 
Part 2   Development Process ................................................................................................10 
Development Permit Requirements ..............................................................................10 
Variances and Conditions ............................................................................................20 
Validity, Cancellations, and Appeals ............................................................................23 
Non-Conforming Development .....................................................................................25 
Compliance Certificates ...............................................................................................26 
Part 3   Specific Uses & Activities .............................................................................................28 
Part 4   General Regulations ...................................................................................................43 
City-Wide Regulations ..................................................................................................43 
Residential Buildings and Parcels ................................................................................51 
Non-Residential Buildings and Parcels .........................................................................60 
Landscaping and Grading ............................................................................................64 
Part 5   Parking ........................................................................................................................68 
Part 6   Land Use Districts ......................................................................................................80 
Part 7   Signage ..................................................................................................................... 164 
Part 8   Definitions ................................................................................................................. 184 
 
LIST OF TABLES 
Table 1:  Minimum Specified Penalties .................................................................................................... 7 
Table 2:  Development Not Requiring a Development Permit................................................................ 10 
Table 3:  Parking Stall Dimensions ......................................................................................................... 77 
Table 4:  Land Use District Conversions ................................................................................................ 81 
 
   

 
 
 
City of St. Albert 
Draft Land Use Bylaw 
LIST OF FIGURES 
Figure 1:  Maximum Height for Detached Garage with Garage Suite ..................................................... 39 
Figure 2:  Measuring Building Height ....................................................................................................... 43 
Figure 3:  Measuring Retaining Wall Height ............................................................................................ 44 
Figure 4:  Corner Cut for Traffic Sight Lines ............................................................................................ 46 
Figure 5:  Illustrative Detached Garage Setbacks ................................................................................... 54 
Figure 6:  Fence Height and Location ...................................................................................................... 55 
Figure 7:  Lot Widths ................................................................................................................................ 57 
Figure 8:  Curb Frontage Requirements for  Pie Shaped Parcels ........................................................... 57 
Figure 9:  Curb Frontage Requirements for  Rear Lane Access Only ..................................................... 57 
Figure 10:  Lot Depth Requirements .......................................................................................................... 57 
Figure 11:  Lots – Cul-de-Sac .................................................................................................................... 58 
Figure 12:  Measuring Lots Less than 12.20 m Wide ................................................................................ 58 
Figure 13:  Small Lots on Non-Through Streets ........................................................................................ 59 
Figure 14:  Parking Angle Illustration ......................................................................................................... 77 
Figure 15:  Zero Lot Line Development ..................................................................................................... 91 
Figure 16:  Grouping of Vehicular Access on Adjacent Lots for a Block of Dwelling (Semi-Detached) .......... 95 
Figure 17:  Grouping of Vehicular Access on Adjacent Lots  for a Block of Dwelling (Duplex) ................. 96 
Figure 18:  Grandfathered Sites for Dwelling (Semi-Detached) ................................................................ 99 
Figure 19:  MID District Sub-Areas .......................................................................................................... 113 
Figure 20:  Downtown .............................................................................................................................. 123 
Figure 21:  Downtown Podium and Stepback.......................................................................................... 126 
Figure 22:  ICC District Subareas ............................................................................................................ 130 
Figure 23:  ICC Building Height Adjacent to Erin Ridge Drive and Erin Ridge Road .............................. 132 
Figure 24:  ICC Storefront Access ........................................................................................................... 136 
Figure 25:  Billboard Sign Locations ........................................................................................................ 171 
Figure 26:  Example of Typical Non-Through Street Designs .................................................................... 196 
Figure 27:  Restricted Building Envelope .................................................................................................. C3 
Figure 28:  Staggered Setback ................................................................................................................. C4 
Figure 29:  Multiple Lot Developments ..................................................................................................... C5 
Figure 30:  Established Neighbourhoods (shows expanded city boundary). ........................................... C6 
 
LIST OF SCHEDULES 
Schedule A:  Land Use District Map 
Schedule B:  Major Roadways 
Schedule C:  Established Neighbourhood Overlay 
Schedule D:  Building Heights for Specific Development Area 

City of St. Albert

Draft Land Use Bylaw

Part 1

Purpose

This part introduces readers to the Land Use Bylaw, the local Development

Authority, the process for amending this bylaw and offences for contravening it.

Jurisdiction

1.1 SHORT TITLE

This Bylaw may be cited as "The City of St. Albert Land Use Bylaw."

1.2 REPEAL

This Bylaw repeals Land Use Bylaw No. 9/2005 and amendments thereto.

1.3 TRANSITION

(a) All amendments to this Bylaw, any Land Use Redistricting, Subdivision, or Development

Permit applications received on or after the effective date of this Bylaw shall be

processed and considered upon the provisions outlined herein.

(b) Notwithstanding subsection (a), if a complete application for a subdivision or

development permit in accordance with Part 3 of Land Use Bylaw No. 9/2005, as

amended, is received by the Development Officer before the coming into force of this

Bylaw, that application will be determined in accordance with Land Use Bylaw

No. 9/2005, unless the applicant elects in writing to have the application determined in

accordance with the provisions of this Bylaw.

1.4 AUTHORITY

This Bylaw is enacted pursuant to the Municipal Government Act (MGA), as amended.

1.5 PURPOSE

The purpose of this Bylaw is to regulate the use and development of land and buildings

within the City of St. Albert (the “City”).

1.6 REGULATORY CONTEXT & COMPLIANCE

Nothing in this Bylaw shall exempt any person from any obligation to comply with the

requirements of any other municipal, provincial, or federal statute or regulation.

1.7 SEVERABILITY

Each provision of this Bylaw is independent of all other provisions, and if any provision of

this Bylaw is declared invalid by a decision of a court of competent jurisdiction, all other

provisions remain valid and enforceable.

City of St. Albert

Draft Land Use Bylaw

1.8 REFERENCES TO OTHER BYLAWS

(a) Any reference in this Bylaw to other Bylaws, provincial or federal legislation shall be a

reference to the Bylaw or legislation then in effect and shall include all amendments and

any successor legislation.

(b) The density requirement of an Area Structure Plan (ASP), Area Redevelopment Plan

(ARP), Neighbourhood Plan or Concept Plan shall supersede the site density of any

District.

1.9 FEES & CHARGES

(a) Fees and charges under and pursuant to this Bylaw, are established within the ‘Master

Rates Bylaw’, as amended.

(b) Penalty fees for contravention of this Bylaw are established within Section 1.25 ‘Fines

and Penalties’.

1.10 INTERPRETATION

In this Bylaw:

(a) the table of contents, titles and subtitles are not part of this Bylaw, but are inserted for

convenience of reference only;

(b) tables, charts or schedules included in this Bylaw are part of this Bylaw unless otherwise

provided;

LDR, SLR, LLR, FBR, MDR, HDR, MID (Areas A and B), and ICC (Area A) are

Residential Districts;

NHC, TCC, ICC (Area B), and RCC are Commercial Districts;

BP1, BP2, ICS, and IND are Industrial Districts;

MID (Area C), MU1, MU2, and DTN are Mixed-Use Districts;

ALT, PRK, CPK, ICC (Area C) PSI, FUD and TRN are Special Districts.

(d) Dwelling (apartment); dwelling (duplex); dwelling (manufactured home); dwelling

(secondary); dwelling (semi-detached); dwelling (single-detached); dwelling (townhouse

– complex); dwelling (townhouse – hybrid); dwelling (townhouse – plex); dwelling

(townhouse – single); dwelling unit above a non-residential use; group home; secondary

suite (garage); secondary suite (garden); secondary suite (internal); supportive living

accommodation; townhousing; and transitional accommodation are Residential Uses;

(e) in this Bylaw, unless the context otherwise requires, words importing the singular shall

include the plural and, vice versa;

(f) in this Bylaw, unless the context otherwise requires, words importing one gender include

all genders; and

(g) the following abbreviations are used in this Bylaw:

du is for dwelling unit;

ha is for hectare;

m is for metre; and

is for square metre.

City of St. Albert

Draft Land Use Bylaw

Development Authority

1.11 DEVELOPMENT OFFICER

(a) The office of Development Officer is the Development Authority hereby established in

accordance with the MGA and will be filled by a person or persons appointed by the

Chief Administrative Officer.

(b) A Development Officer shall perform the duties specified in this Bylaw.

discharged by any one of the persons appointed to the office of Development Officer.

1.12 DUTIES OF THE DEVELOPMENT OFFICER

(a) The Development Officer shall:

Receive and determine whether an application is complete as per the timelines

prescribed within the MGA;

Process and render decisions on Development Permit applications as per the

timelines prescribed within the MGA;

Keep, and maintain for inspection during regular municipal office hours, a copy of

this Bylaw as amended, ensure that an online version is made available on the

City’s website, and hard copies are available to the public for a fee; and

Keep a register of all Development Permit applications, and the decisions

rendered on them, for a minimum of seven years.

(b) The Development Officer may:

Refer a Development Permit application, in whole or in part, to any internal

department, outside agency, or local authority they deem necessary for comment;

Provide a written Time Extension Agreement, in alignment with this Bylaw;

Consider a variance, provided it complies with this Bylaw;

Refuse a Development Permit application and provide the Applicant with notice

stating the decision of refusal and the reasoning for it;

Enforce the regulations of the Land Use Bylaw; or

issue letters certifying whether the current or proposed use of a parcel or building

complies with this Bylaw.

towers in alignment with Section 3.31 ‘Telecommunication Towers’ and has the authority

to issue a letter of support or non-support in accordance with ‘C-P&E-05

Telecommunication Tower and Facility Siting Policy’.

1.13 SUBDIVISION AND DEVELOPMENT APPEAL BOARD

The Subdivision and Development Appeal Board (SDAB) shall perform such duties as are

specified in Bylaw No. 20/1995 and the MGA, as amended.

City of St. Albert

Draft Land Use Bylaw

Bylaw Amendments

1.14 AMENDING THE LAND USE BYLAW

All amendments to this Bylaw shall be made by an amending bylaw following a public

hearing in accordance with the MGA. Application to amend this Bylaw may be made as

follows:

(a) In the case of an application to redistrict a parcel of land, any owner of a parcel of land

or their authorized agent or other persons having a legal interest in the parcel of land

may, in accordance with Section 1.15 ‘Land Use Redistricting Application’, apply in

writing to the City to have the Land Use District of the parcel of land amended;

(b) In the case of an application to amend the text of the Land Use Bylaw, any person may

apply in writing to the City to have the text amended, in accordance with Section 1.16

‘Text Amendment Application’; or

1.15 LAND USE REDISTRICTING APPLICATION

(a) All applications to redistrict a parcel of land shall be made to the City and shall be

accompanied by the following:

A completed application form;

A copy of the certificate of title for the lands affected that has been produced no

more than 30 days prior to the date of submittal;

Copies of any registered caveats or restrictive covenants and any other

documents satisfactory to the City verifying that the applicant has a legal interest in

the land;

A statement of the reasons for the request to amend this Bylaw;

Vicinity maps produced at an appropriate scale that provide dimensions of each

boundary of the amendment area, show the relationship of the proposed District to

existing land uses in a 100.0 m radius of the boundaries of the site, and provide

the location and nature of any prominent geographical or natural features;

A statement of how the proposed amendment conforms to the polices and intent of

the MDP;

A fee, as established within the Master Rates Bylaw, as amended;

Where the applicant is an agent acting for the owner, a letter from the owner

verifying the agent’s authority to make the application; and

Any other information requested at the discretion of Administration.

(b) Where an application to amend this Bylaw under subsection (a) has been refused by

Council or withdrawn by the applicant after advertisement of the proposed amendment

Bylaw, another application for amendment on the same site shall not be made by the

same or any other applicant until at least six (6) months:

from the date of Council’s decision; or

from the date the applicant’s letter of withdrawal is received by the City.

information noted in Section 6.4 ‘Direct Control District Application’.

City of St. Albert

Draft Land Use Bylaw

1.16 TEXT AMENDMENT APPLICATION

All applications for text amendments to this Bylaw shall be made to the City and shall be

accompanied by the following:

(a) A completed application form;

(b) A statement of the reasons for the request to amend this Bylaw;

MDP;

(d) A fee, as established within the ‘Master Rates Bylaw,’ as amended; and

(e) Any other information requested at the discretion of Administration.

1.17 ACCEPTANCE

The City may refuse to accept an application to amend this Bylaw if the required

information has not been supplied or if, in its opinion, is of inadequate quality to properly

evaluate the application.

1.18 REVIEW

After accepting an application to amend this Bylaw, the application shall be processed for

consideration by Council in accordance with the City’s requirements, and the MGA.

Contravention and Enforcement

1.19 OFFENCE

(a) A person who contravenes, causes, or permits a contravention of any provision of this

Bylaw is guilty of an offence.

(b) It is an offence for any person to commence or continue development when:

a development permit is required but has not been issued;

a development permit has expired;

a development permit has been revoked or suspended; or

a condition of a development permit has been contravened.

any official duty under this Bylaw or the MGA.

1.20 CONTINUING OFFENCE

In the case of an offence that is of a continuing nature, a contravention of a provision of

this Bylaw constitutes a separate offence with respect to each day, or part of a day, during

which the contravention continues, and a person guilty of such an offence is liable to a fine

in an amount not less than that established by this Bylaw for each such separate offence.

1.21 ENFORCING THIS BYLAW

(a) The Development Officer, a Bylaw Enforcement Officer, or a Peace Officer may enforce

the provisions of this Bylaw, or the conditions of a development permit pursuant to the

MGA and the ‘Provincial Offences Procedure Act’ (POPA), as amended.

City of St. Albert

Draft Land Use Bylaw

(b) The Development Officer is considered to be a Designated Officer per this Bylaw.

other authorized action to ensure compliance.

(d) The enforcement powers granted to the Development Officer under this Bylaw are in

addition to any enforcement powers that the City or any of its Designated Officers may

have under POPA.

(e) The Development Officer may exercise all powers concurrently.

1.22 STOP ORDER

(a) Pursuant to the MGA, where an offense under this Bylaw occurs, the Development

Officer may by written notice, order the owner or the person in possession of the land or

buildings, or the person responsible for the contravention to:

Stop the development or use of the land or buildings in whole or in part as directed

by the notice, or

Demolish, remove or replace the development, or

Carry out any other actions required by the notice so that the development or use

complies with this Bylaw.

(b) A person who receives a stop order may appeal to the SDAB in accordance with the MGA.

City may elect to take further action.

1.23 STOP ORDER CAVEATS

(a) The City may register a caveat under the ‘Land Titles Act’ against the certificate of title

for the land that is the subject to a Stop Order, and

(b) The City must discharge the caveat when the Stop Order has been complied with.

1.24 ENTRY AND INSPECTION

Pursuant to the MGA, a Designated Officer may, after giving twenty-four hours notice to

the owner or occupier of land or the structure to be entered:

(a) enter on that land or structure at any reasonable time, and carry out any inspection,

enforcement or action required to assess or enforce compliance with this Bylaw;

(b) request anything to be produced to assist in the inspection, remedy, enforcement or

action; and

1.25 FINES AND PENALTIES

(a) A person who is guilty of an offence under this Bylaw is liable:

to a fine as prescribed in Table 1; or

on summary conviction, to a fine not exceeding $10,000.00, or to an order of

imprisonment for not more than 1 year, or both.

Table 1: Minimum Specified Penalties

City of St. Albert

Draft Land Use Bylaw

Offence

Penalty

(b) Development Without a Valid Development Permit

Principal Building

• Residential or Special District

$ 1,000

• Commercial, Industrial or Mixed-Use District

$ 1,500

• Other

$ 1,000

Accessory Development

• Residential or Special District

$ 500

• Commercial, Industrial or Mixed-Use District

$ 750

• Temporary Structure

$ 250

• Other

$ 500

Change of Use, Alterations, Occupancy

• Residential or Special District

$ 500

• Commercial, Industrial or Mixed-Use District

$ 1,000

• Other

$ 500

Home-Based Business

• Home-Based Business (Level Two)

$ 500

• Home-Based Business (Level Three)

$ 750

Stripping and Grading

• Site less ≤ 3 hectares

$ 500

• Site > 3 hectares

$ 2,000

Sign

• Permanent

$ 500

• Temporary

$ 150

Development Permit

Residential or Special District

$ 500

Commercial, Industrial or Mixed-Use District

$ 750

Stripping and Grading - site less ≤ 3 hectares

$ 500

Stripping and Grading - site > 3 hectares

$ 2,000

Sign (Permanent or Temporary)

$ 150

Other

$ 500

(d) Continued operation or construction after the cancellation or suspension

of a Development Permit

Residential District

$ 500

Special District

$ 750

Commercial, Industrial or Mixed-Use District

$ 1,000

Stripping and Grading - site less ≤ 3 hectares

$ 500

Stripping and Grading - site > 3 hectares

$ 2,000

Sign (Permanent or Temporary)

$ 500

Other

$ 150

(e) Failure to comply with Development Permit conditions

Residential District

$ 500

Special District

$ 750

Commercial, Industrial or Mixed-Use District

$ 1,000

Stripping and Grading - site less ≤ 3 hectares

$ 500

Stripping and Grading - site > 3 hectares

$ 2,000

Sign (Permanent or Temporary)

$ 150

City of St. Albert

Draft Land Use Bylaw

Offence

Penalty

Other

$ 750

(f) Failure to comply with one or more regulations of this Bylaw

Any Regulation, exclusive of Signs

• Residential District

$ 250

• Non-Residential District

$ 500

• Other

$ 250

Signs (Permanent or Temporary)

• Residential District

$ 150

• Non-Residential District

$ 150

• Other

$ 150

(g) Obstruct a Designated Officer from carrying out official duties under this

bylaw or the MGA

$ 1,000

(h) Payment of a fine does not release the offender from the requirement to comply with the

regulations of this Bylaw.

1.26 MUNICIPAL VIOLATION TAG

(a) A Peace Officer may issue, with respect to an offence under this Bylaw, a municipal

violation tag specifying the fine amount established by this Bylaw.

(b) Where a municipal violation tag is issued, the fine amount indicated thereon may be paid

as directed in lieu of prosecution.

1.27 VIOLATION TICKET

(a) A Peace Officer may issue, with respect to an offence under this Bylaw, a violation

ticket:

specifying the fine amount established by this Bylaw; or

requiring an appearance in court without the option of making a voluntary

payment.

(b) Where a violation ticket specifies a fine amount, a voluntary payment equal to the

specified fine amount may be made as directed.

1.28 COMPLIANCE WITH OTHER LEGISLATION

(a) A person applying for, or in possession of, a valid development permit is not relieved

from full responsibility for ascertaining and complying with, or carrying out and shall

ascertain, comply or carry out development in accordance with:

the requirements of the Safety Codes Act, and regulations including the current

‘Alberta Building Code and Alberta Fire Code’, ‘Environmental Protection and

Enhancement Act, RSA 2000, c. E-12’ and ‘Natural Resources Conservation

Board Act, RSA 2000, c. N-3’;

the requirements of any other federal, provincial or municipal enactment or any

other law; and

the conditions of any caveat, covenant, easement or other instrument affecting a

building or land.

City of St. Albert

Draft Land Use Bylaw

(b) The City is not responsible for nor does the City have any obligation whatsoever to

determine what other legislation may apply to a development, nor to monitor or enforce

compliance with such legislation.

Traffic Bylaw, the latter shall govern.

1.29 SIGN MAINTENANCE AND REMOVAL

(a) Signs not maintained to the satisfaction of the Development Officer may be required to

be renovated or removed, such as:

where, in their opinion, the sign is in a state of extensive disrepair; or

where safety concerns or emergency conditions may justify such removal.

(b) A sign removed under Subsection (a) shall be delivered to a storage facility where it will

remain impounded until claimed by an individual, business, or organization referenced

on the sign.

or organization (as referenced in subsection (b)) being notified (either verbally, or in

writing) of the sign’s removal, the City may dispose of the sign an any manner it deems

appropriate.

(d) Any cost associated with removal or storage of a sign shall be charged to the owner of

the sign.

City of St. Albert

Draft Land Use Bylaw

Part 2

Development Process

This part outlines the City’s Development Permit Process and related requirements

and procedures.

Development Permit Requirements

2.1 CONTROL OF DEVELOPMENT

(a) Except as provided in Section 2.2 ‘Development Not Requiring a Development Permit’,

no development shall be undertaken within the City unless an application has been

approved and a development permit has been issued for it.

(b) If a use to which a building, or a portion of a building, is put ceases operation for six

months or less, the re-establishment of the same or similar use in the premises does not

require a development permit, unless structural changes are made in the space. If

structural changes are made, a new development permit is required.

than six months, the re-establishment of a use in the building requires a new

development permit.

(d) Subsections (b) and (c) do not apply to the use of dwelling units.

(e) All development shall be in accordance with the terms and conditions of an approved

development permit.

(f) A Development Permit applicant shall be responsible for compliance with all federal,

provincial, and municipal enactments, and any other law applicable to the use and

development of the land and/or buildings and shall, as and when required, thereunder

obtain any and all permits, licenses and approvals.

2.2 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT

The following development, outlined in Table 2, does not require a development permit,

provided the development complies with all requirements of this Bylaw. If the development

requires a ‘Variance’ (Section 2.16), a development permit must be obtained authorizing

the development and variance.

Table 2: Development Not Requiring a Development Permit

Development

Permit Not Required

(a) Development

Subject to a Valid

Development

Agreement

Constructing, widening, altering, redesigning or

maintaining a public roadway;

Traffic management projects and devices;

Vehicular and pedestrian bridges and walkways;

City of St. Albert

Draft Land Use Bylaw

Development

Permit Not Required

Water reservoirs, water lines, storm and sanitary sewer

installations;

Street furniture, tennis courts, playgrounds, public park

landscaping, municipal recreation equipment and civic

buildings with a gross floor area under 75.00 m

;

Constructing and maintaining public utilities; and

Stripping, grading or filling of land, including temporary

storage and sale of topsoil in an area governed by a

development agreement, but excluding topsoil processing

or screening.

(b) A Government

Project

A project listed in ‘Development Subject to a Valid

Development Agreement’ (subsection 2.2(a)) undertaken

by the City;

Construction and maintenance of that part of a public

utility located in, on, over or under a public roadway, a

public utility right-of-way or public utility lot;

The installation, maintenance of, and repair of, public

works, roads, provincial highways, facilities, and/or utilities

carried out by, or on behalf of federal, provincial, or local

authorities.

In a Residential District, the FUD or TRN Districts, the

installation of a freestanding pillar, less than 1.20 m in

height, for the purpose of municipal addressing.

(d) Agriculture

Accessory Building

In the TRN District, an Agriculture Accessory Building.

(e) Commercial

Vehicle Parking

On a parcel in a Residential District limited to:

• the parking of one commercial vehicle, having a gross

vehicle weight of between 3,000 kg and 5,000 kg; and

• the parking of one commercial vehicle, having a gross

vehicle weight of more than 5,000 kg, but less than

7,000 kg, if it is parked or stored in a garage, or it is

being loaded or unloaded.

In a Commercial or Industrial District, parking of a commercial

motor vehicle that is accessory to a use for which a

development permit has been issued under this Bylaw.

(f) Driveway

In a Residential District, the width of hard surfacing in any

yard for the purposes of providing vehicular access from a

public roadway to a garage or carport, provided that it

does not exceed:

• 7.50 m on a lot 11.50 m or greater in width; and

• 5.50 m on a lot less than 11.50 m in width.

(g) Dugout

In the TRN District, a dugout, in alignment with Section

4.55 ‘Dugout’.

City of St. Albert

Draft Land Use Bylaw

Development

Permit Not Required

(h) Election or Census

Use

The use of a building or a part of it in connection with a

federal, provincial, municipal, or school election,

referendum, or census.

(i) Fence, Wall, Gate

Construction of a fence, wall, or gate on an interior lot, in

alignment with Section 4.35 ‘Residential Fences’ and

Section 4.50 ‘Non-Residential Fences’.

(j) Garage Sale

In a Residential District, the FUD or TRN Districts, holding

a garage sale up to three times per calendar year, each

for a duration of not more than three consecutive days.

(k) Home-Based

Business (Level One)

In alignment with Section 3.18 ‘Home-Based Business

(Level One)’.

(l) Lodger

In a Residential District, the FUD or TRN Districts, the

habitation within a dwelling unit of a family, plus a

maximum of two lodgers.

(m) Maintenance

Routine maintenance of, and repairs to, a building not

involving any structural changes.

(n) Private Pool or

Pond

Construction of a private pool or a decorative pond 0.60 m

or less in depth.

(o) Radio Antenna

In a Residential District, the FUD or TRN Districts, one

radio antenna less than 12.00 m above finished grade at

its highest point.

(p) Recreation Vehicle

and Recreation

Equipment Parking

and Storage

In a Residential District, the FUD or TRN Districts, the

parking of a recreation vehicle less than 10.00 m in

length, or the storage of recreation equipment less than

8.00 m in length:

• in a fenced rear or side yard, unless a development on

an adjoining site has a window of a habitable room on the

ground floor facing the recreation vehicle or recreation

equipment, and this window is located less than 2.5 m

from the recreation vehicle or recreation equipment;

• on a driveway, if the recreation vehicle or recreation

equipment is set back a minimum of 0.30 m from a

sidewalk, or where there is no sidewalk, set back 2.0 m

from a curb;

• in the case of a lot accessed by a lane, the recreation

vehicle or recreation equipment shall be set back a

minimum of 1.0 m from the closest edge of the lane; and

notwithstanding the above, the parking or storage of a

recreation vehicle or recreation equipment shall not be

allowed if it interferes with safe traffic sight lines, as

determined by the Development Officer.

City of St. Albert

Draft Land Use Bylaw

Development

Permit Not Required

(q) Residential

Accessory Building

In a Residential District, the FUD or TRN Districts,

construction of:

• an accessory building less than 10.00 m

in floor

area;

• an unenclosed, uncovered deck, to a maximum of

0.60 m above finished grade;

• a patio; and

• a firepit or barbeque (in alignment with the ‘Fire

Services Regulations’, as amended);

where the development otherwise complies with this

Bylaw.

(r) Residential

Landscaping

Landscaping on a Residential District parcel, not including

multi-unit sites.

(s) Retaining Wall

Construction of a retaining wall less than 1.20 m in height,

if the slope of that portion of the site retained by the wall is

less than 8%.

(t) Shipping Container

In the TRN District, a shipping container, in alignment with

Section 6.29(o) ‘Shipping Container’.

(u) Short-Term Rental

A short-term rental in a Residential or Mixed-Use District.

(v) Sign

A sign identified in Section 7.3 ‘Signs Not Requiring a Permit’.

(w) Storage Container /

Refuse Bin

In a Residential District, the temporary placement of a

storage container or refuse bin, not otherwise associated

with a building permit, on a paved driveway, for a period of

no more than two weeks.

(x) Solar Collector

(Attached)

Installation of solar collectors attached to a building, in

alignment with Section 3.27 ‘Solar Collector (Attached)’.

(y) Telecommunication

Tower

Installation of telecommunication towers that are not

added to, or mounted to a building, and are federally

regulated and comply with the regulations in Section 3.31

‘Telecommunication Towers’.

(z) Temporary Building

A temporary building such as a shed, office, or storage

building, used solely as an accessory use to the

construction or renovation of a building or development

subject to a valid development permit for a period of up to

twelve months or as otherwise determined by the

Development Officer.

(aa) Wall Mural

A wall mural in any District.

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2.3 APPLICATION FOR A DEVELOPMENT PERMIT

(a) An application for a development permit shall be made by the registered owner of the

land on which the development is proposed, or by a person having a registered interest

in the land on which the development is proposed, or by some other person with the

written consent of the owner to the Development Officer by submitting the following:

information as required or requested within Sections 2.4 through 2.9; and

such fee as set forth in the ‘Master Rates Bylaw’, as amended.

(b) An application is incomplete until the information and fees required under Subsection (a)

are submitted to the Development Officer.

2.4 PLANS AND INFORMATION REQUIRED

Unless the Development Officer or this Bylaw specifies otherwise, the following

information must be submitted to the Development Officer when an application for a

development permit is made:

(a) Two (2) copies of a site plan showing the following information:

north arrow;

scale of plan (in metric, minimum 1:100);

legal description of property;

municipal address;

labeled property line and setback requirements in accordance with this Bylaw;

outline of all building and/or structures on the site;

total gross floor area, and, where applicable, gross floor of each individual unit within a

building;

easements;

location of all existing and proposed utility rights-of-way;

distance from back of walk and face of curb (existing and proposed) to the property

lines;

medians and/or breaks in medians on public streets adjacent to the site;

existing and proposed site grades, contours, the designated flood line (where

applicable) and any special topographical features or site conditions;

location of all existing and proposed utilities;

location of all lighting and light standards, catch basins, utilities poles, hydrants and

utility fixtures;

location and dimension of driveway accesses;

adjoining streets, avenues and lanes, all shown and labeled;

layout of existing and proposed parking areas showing dimensioned depth and width

of stalls, barrier-free stalls, aisle dimensions, angle of stalls and number of stalls;

parking area grades including any driveways and ramps;

identification of surface treatment for all areas;

location of all existing and proposed fencing;

location of garbage and recycling receptacles and loading areas; and

existing and proposed sign locations.

(b) Landscaping plans as required by the Development Officer showing:

the existing topography and clearly identifying the vegetation that is to be retained

or removed;

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the layout of the soft and hard landscaping, pedestrian circulation and open space

systems, screening, berms, slopes, and retaining walls;

the types, sizes and numbers of plant material, caliper of trees and the types of

hard landscaping; and

municipal address, north arrow and scale, and property lines.

accompanied by a written authorization for the Development Officer or their

representative to enter upon the site; and

(d) An address for any subsequent notification.

(e) Any other additional information required as per Sections 2.6 through 2.9.

2.5 HEIGHT IMPACT ASSESSMENT AND SUN SHADOW STUDY

(a) Any building greater than 20.00 m in height requires a height impact assessment and

sun shadow study be completed by a registered Architect or Professional Engineer.

(b) The assessment shall address the shading and wind impact of the proposed building on

adjacent properties and buildings and, where applicable, the impact of glare and noise

reverberation associated with façades that are to contain a substantial proportion of glass.

2.6 ADDITIONAL PLANS AND INFORMATION

The Development Officer may require the following additional plans and information:

(a) Photographic prints showing the site in its existing state;

(b) Data to show:

how the form, mass and architectural character of the proposed development will

relate to neighbouring developments; and

how the design, materials and finish of the principal facades of the proposed

development will relate to existing or planned facades of neighbouring buildings

including photographs of existing building facades.

path analysis prepared by a professional engineer;

(d) A historical resource assessment, heritage assessment or related study;

(e) A wastewater servicing study, or re-evaluation of wastewater servicing study prepared

by a qualified professional;

(f) A vibration or noise evaluation study, or attenuation proposal prepared by a professional

engineer;

(g) A lighting plan;

(h) A retaining wall design prepared by a professional engineer;

(i) A Real Property Report;

(j) Clear drawings, electronic and/or hard copy when required for presentations to Council;

(k) Site topography, trees, landscaping or other physical conditions;

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(l) Copies of plans in such number as specified by the Development Officer showing the

elevations, floor plan, and a perspective of the proposed development, including a

description of the exterior finishing materials;

(m) A vicinity map of appropriate scale, indicating the location of the proposed development

in relation to nearby access streets and other significant physical features which may

have a bearing on the proposed project;

(n) Copies of any permit, license, approval, application for any permit, license, or approval,

any environmental assessment, environmental impact assessment, emergency

response plan, baseline environmental study, environmental audit and any other report,

study or analysis that the applicant or owner has, is, or will be required or requested to

obtain or prepare pursuant to any federal, provincial, or municipal enactment or any

other law that the Development Officer deems necessary to properly assess the

application;

(o) Such geotechnical report, environmental assessment, environmental impact

assessment, emergency response plan, baseline environmental study, environmental

audit, report, map, study, or analysis that the Development Officer deems necessary to

properly assess the application;

(p) Information confirming that the applicant has discussed the proposed development with

any person affected by the proposed development; and

(q) Other information required by the Development Officer to determine how a proposed

development may affect land uses in the vicinity.

(r) On sites greater than 0.75 ha, the Development Officer may require developments to

incorporate sustainable development practices through the use of, but not limited to, the

following techniques:

Infrastructure practices, building and site design that conserve the consumption of

water, energy, and materials.

Combination of low impact development techniques implemented throughout the

parking area of the site, that result in an efficient conservation of site run-off.

Typical techniques include bioretention cells, bioswales, or permeable surfaces.

2.7 STRIPPING, GRADING AND EXCAVATION APPLICATIONS

In addition to the plans and information required under Section 2.4, an application for a

development permit for the excavation, stripping or grading of land, whether with or

without other development on the same site, must include the following information:

(a) The specific location and area of the site proposed for excavation, stripping, grading, or

stockpiling;

(b) The type of excavation, stripping, or grading proposed;

excavating, and depth of topsoil to remain;

(d) The setback from any environmentally sensitive areas on the site to the proposed

location of the excavation, stripping, grading, or stockpiling;

(e) The location of access points, proposed haul routes, and hauling activities;

(f) The proposed method for the mitigation of any nuisance caused by dust and erosion;

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(g) A detailed plan for controlling erosion, sedimentation, and weeds on the site;

(h) A detailed timing and phasing program covering the length of the proposed operation,

including any processing or sales operations; and

(i) A plan showing the final site conditions following completion of the operation and any

land reclamation proposals.

(j) In making a decision for a development permit application the Development Officer may

impose conditions to:

address on-site areas which are subject to erosion, and off-site areas which are

vulnerable to damage from erosion and/or sedimentation;

limit exposure of loose soil for the shortest feasible time;

minimize the size of the area to be exposed at any one time;

control surface water runoff originating upgrade of exposed areas to reduce

erosion and sediment loss during the period of exposure;

reduce impacts on privacy or view of adjacent properties;

prevent off-site sedimentation damage; and

control impacts to adjacent properties, including excessive dust and dirt nuisance

migration to adjacent properties.

2.8 SHOW HOME AND RESIDENTIAL SALES CENTRE APPLICATION

In addition to the plans and information required under Section 2.4, an application for a

development permit for a show home or residential sales centre shall include the following

information:

(a) The specific location and area intended as a show home site;

(b) Parking provisions;

(d) Signage.

2.9 HOME-BASED BUSINESS APPLICATION

In addition to the plans and information required under Section 2.4, an application for a

Home-Based Business (Level Two) or (Level Three) shall include detailed information

regarding the scope and nature of the proposed business, using a City-supplied

questionnaire.

2.10 DETERMINATION OF COMPLETENESS

(a) A Development Officer must, within twenty (20) days after the receipt of an application

for a development permit, determine whether the application is complete, unless an

agreement is reached between the Development Officer and the applicant to extend the

twenty-day period in alignment with Section 2.12 ‘Time Extension Agreement’.

(b) If the Development Officer fails to determine that the application is complete within the

prescribed time period, the application shall be deemed to be complete.

incomplete, the applicant shall be advised in writing that the application is incomplete,

and that the application will not be processed until all of the required information is

provided. The written notice shall include a description of the information required for the

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application to be considered complete and the deadline by which the required

information is to be submitted.

(d) The failure to submit the required information in accordance with the notice shall result in

the application being deemed refused and may be appealed in accordance with Section

2.27 ‘Development Appeals’.

(e) Once an application is deemed to be complete, the applicant shall be notified in writing

that the application is complete, and the Development Officer shall process the

application.

(f) The requirements of this Section do not apply to the optional information identified in

Section 2.6 ‘Additional Plans and Information’, but if required shall be provided by the

applicant to the Development Officer prior to a decision being made.

2.11 REVIEW PERIOD

(a) The Development Officer must make a decision on the application for a development

permit within forty days after the Development Officer determines the completeness of

the application, pursuant to Section 2.10 ‘Determination of Completeness’.

(b) Notwithstanding subsection (a), time to make a decision on a development permit

application may be extended within a written ‘Time Extension Agreement’ (Section 2.12).

to be refused when a decision is not made within 40 days of receipt of the complete

application unless the applicant has entered into a written time extension agreement with

the Development Officer to extend the time period beyond the 40-day period.

2.12 TIME EXTENSION AGREEMENT

(a) The Development Officer may request an extension of the determination of

completeness time-period or the application review period of a development permit from

the Applicant.

(b) The Development Officer may grant an extension of the determination of completeness

time-period or the review period of a development permit application at the request of

the Applicant.

2.13 REVIEWING DEVELOPMENT PERMIT APPLICATIONS

(a) In reviewing a development permit application, the Development Officer shall have

regard to:

the purpose and intent of the applicable District;

the purpose and intent of any applicable Statutory Plan adopted by the City;

the purpose and intent of any other plan and pertinent policy adopted by the City; and

the circumstances and merits of the development permit application.

(b) Notwithstanding the provisions of this Bylaw, the Development Officer may impose more

stringent development regulations or standards on a development permit for a

Discretionary Use in order to ensure that the Development is compatible with, and

complementary to, surrounding land use, as well as other planning considerations.

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2.14 PERMITTED AND DISCRETIONARY USES

(a) The Development Officer shall review each development permit application to determine

what type of use the development constitutes.

(b) Where a proposed use does not conform to the wording of any land use definition or

generally conforms to the wording of two or more land use definitions, the Development

Officer may determine that the use is similar to the land use definition that the

Development Officer considers to be the most appropriate in character, purpose, and

potential impact. In such instances, the Development Officer may allow the proposed

use as a discretionary use.

Bylaw, a Development Officer shall refuse an application which does not conform to this

Bylaw.

(d) The Development Officer shall issue a development permit for a permitted use with or

without conditions, if the application conforms to this Bylaw.

(e) The Development Officer may issue a development permit for a discretionary use, with

or without conditions, if the application conforms to this Bylaw.

(f) The Development Officer may refuse a development permit application for a

discretionary use on its merits, even though it conforms to this Bylaw.

(g) A decision on an application for a development permit for a permitted or discretionary

use shall be in writing, and a copy shall be sent to the applicant.

(h) If the Development Officer refuses an application for a development permit, the decision

shall contain the reasons for the refusal.

2.15 NOTIFICATION

(a) Notification of the issuance of a development permit for a discretionary use, or for a

development permit for a permitted use involving a variance, is:

within five (5) business days of the issuance of the development permit, notice

shall be published on the City’s website; or

within five (5) business days of the issuance of the permit, notice shall be mailed

by ordinary mail to each registered owner of land within 30.00 m from the

boundary of the site of the proposed development, as shown on the assessment

roll of the City at the date of the application.

(b) Notification of an application to Council for a Direct Control development is:

within five (5) business days, published on the City’s website or in two consecutive

issues of a newspaper circulating in the City; and

within five (5) business days, mailed by ordinary mail to each registered owner of

land within 60.00 m from the boundary of the site of the proposed development, as

shown on the assessment roll of the City at the date of application.

required under subsection (a) or (b).

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Variances and Conditions

2.16 VARIANCE

(a) In exercising their discretion pursuant to this section, the Development Officer may grant

a variance up to a maximum of 25.00% if, in their opinion, the development would not:

unduly interfere with the amenities of the neighbourhood; or

materially interfere with, or affect the use, enjoyment, or value of neighbouring

properties; and

the development conforms with the use prescribed for that land or building in this Bylaw.

(b) In exercising their discretion under subsection (a), the Development Officer shall

consider the general purpose and intent of the appropriate District and the following:

except as otherwise provided in this Bylaw, there shall be no variance from the

regulations prescribing floor area, lot coverage, or density;

a variance from the provisions in this Bylaw shall not be granted when the variance

will knowingly cause a structure or use to not comply with federal, provincial, or

other municipal regulations, including the Safety Codes Act, RSA2000, c. S-1; and

variance requests to height, setbacks, and other regulations that may affect the

conformance of a structure with municipal, provincial, or federal regulations shall be

circulated to affected departments for review and comment prior to a decision on the

application for the development permit.

any use within the TRN District based on parcel size.

(d) Notwithstanding subsection (a), for a sign, the Development Officer shall assess the

merits of a ‘Comprehensive Sign Plan’ (Section 7.7) and may, at their discretion, vary

the number of signs permitted per site if:

the proposed sign types are permissible within the given District;

the proposed signs otherwise comply with the sign type regulations outlined in

Part 7 – Signage.

the Comprehensive Sign Plan results in a greater degree of visual harmony and

consistency between the proposed signs, the buildings, the site and adjacent lands.

(e) In the DTN District, the Development Officer may vary any requirement if, in their

opinion, the variance is proposed in order to accommodate urban design or architectural

criteria consistent with the purpose and regulations of this District.

(f) In the ICC District, the Development Officer may vary any requirement if, in their opinion:

the variance is proposed in order to accommodate characteristics which are

fundamental to the nature of the Urban Village concept and is in keeping with the

purpose of the District, and

the variance is in order to accommodate other design solutions which offer

equivalent daylight, ventilation, quiet, visual privacy or views.

(g) When considering a variance to parking requirements, the Development Officer may

require a Parking Demand Study, which demonstrates to the satisfaction of the

Development Officer that the parking needs of the development can be met on site.

(h) Site Density Bonus’s noted in the MDR, HDR and MU1 Districts are not considered variances.

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2.17 DEVELOPMENT PERMIT CONDITIONS

The Development Officer may, with respect to any use:

(a) Require a development permit comply with the policies of the Municipal Development

Plan (MDP), an ASP, an ARP, a Neighbourhood Plan, or a Concept Plan;

(b) Require the applicant to make satisfactory arrangements for the supply of utilities

including, but not limited to, natural gas, cable, water, electric power, sewer service,

vehicular and pedestrian access, or any one or more of them, including payment of the

cost of installation or construction of any such utility or facility by the applicant;

part of such development permit, to do any or all of the following:

construct, or pay for the construction of, a public roadway required to give access

to the development;

construct, or pay for the construction of:

• a pedestrian walkway system to serve the development; or

• pedestrian walkways that connect the pedestrian walkway system serving the

development with a pedestrian walkway system that serves or is proposed to

serve an adjacent development; or both

install, or pay for the installation of, utilities that are necessary to serve the

development;

pay an off-site levy, redevelopment levy or both, imposed by the Off-Site Levy

Bylaw unless otherwise stated in this Bylaw;

specify the location and number of vehicular and pedestrian access points to the

development from public roadways;

construct or pay for the construction of off-street or off-site parking facilities or

loading or unloading facilities;

repair, reinstate or pay for the repair or reinstatement to original condition of any

street furniture, curbing, sidewalk, boulevard landscaping and tree planting which

may be damaged or destroyed or otherwise harmed by development or building

operations upon the site;

install or construct or pay for the installation or construction of landscaping

berming and fencing on the development, public roadways and public lands

adjacent to the development; and

re-establish or restore all survey monuments including Alberta Survey Control

monuments which may be damaged or destroyed or otherwise harmed by

development or building operations upon or adjacent to the site;

(d) Require an applicant provide security to ensure the applicant complies with this Bylaw, a

development permit, an agreement under this section, or a statutory or subordinate

neighbourhood plan enacted by the City, which security may include, but is not limited to

an irrevocable letter of credit or charge against the title to the site;

(e) Require an applicant to obtain or maintain insurance coverage naming the City as an

additional insured under terms and with carriers as required by the Development Officer

including but not limited to comprehensive general liability coverage and automotive

accident coverage;

(f) Require that an agreement entered into be registered by caveat against title to the land

at the ‘Land Titles Office’;

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(g) Include provisions contemplated by the MGA in respect of oversized improvements; and

(h) With respect to a permitted use, impose such conditions as are required to ensure

compliance with this Bylaw or the MGA.

2.18 DEVELOPMENT PERMIT CONDITIONS FOR A DISCRETIONARY USE

In addition to the noted ‘Development Permit Conditions’ (Section 2.18), the Development

Officer may, with respect to a discretionary use or development permit in a Direct Control

District, impose such conditions as they deem appropriate, having regard to the

regulations of this Bylaw, and the provisions of any statutory plan including, but not limited

to the following conditions:

(a) Specifying hours of operation;

(b) Specifying number of patrons;

(d) Requiring noise attenuation;

(e) Requiring special provisions be made for parking;

(f) Regarding the location, height, density, massing, design, and appearance of a building;

(g) Regarding the grading of a site or such other procedures as are necessary to protect the

site from other developments or to protect other developments from the site;

(h) Establishing the period of time during which a development may continue;

(i) Ensuring the development is compatible with surrounding development; and

(j) Ensuring the development complies and is compatible with the general development

regulations, and/or the regulations within a specific District.

2.19 DEVELOPMENT PERMIT CONDITIONS FOR LANDS SUBJECT TO FLOOD

OR SUBSIDENCE

In addition to the noted ‘Development Permit Conditions’ (Section 2.18), and ‘Designated

Flood Line,’ regulations (Section 4.11), where the development of buildings is proposed on

land which, in the opinion of the Development Officer, may be subject to flooding, or

subsidence, or that is low-lying, marshy, or unstable, or is adjacent to or includes the

designated floodline, or within 100.0 m of the bed and shore of any lake, river, stream, or

other body of water, the Development Officer may impose such conditions as they deem

appropriate, having regard to the condition of the land, the provisions of this Bylaw, and

the provision of any Statutory Plan or Neighborhood Plan, including, but not limited to the

following conditions:

(a) Requiring soils and geotechnical reports to be completed prior to or concurrently with the

construction of any development;

(b) Requiring foundations, footings, drainage and any other aspects of the building to be

designed and certified by a professional engineer;

recommendations of a professional engineer;

(d) Requiring that a professional engineer inspect all or part of the proposed development;

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(e) Requiring compliance with specified design criteria, including but not limited to, flood

proofing provisions, sedimentation and erosion control measures; and

(f) Requiring a certificate from a professional engineer that all inspections have been

satisfactorily completed, that all design criteria have been complied with and that all

conditions have been met.

Validity, Cancellations, and Appeals

2.20 DEVELOPMENT PERMIT VALIDITY

When an application for a development permit has been approved by the Development

Officer, the development permit shall not be valid unless and until:

(a) Any conditions of approval, save those of a continuing nature, have been fulfilled; and

(b) No notice of appeal from such approval has been served on the SDAB, or the Land and

Property Rights Tribunal (LPRT), within the time period specified in this Bylaw.

2.21 APPEAL BODY DECISIONS

(a) When an application for a development permit has been approved by the SDAB or

LPRT, it shall not be valid unless and until:

the Board has adopted the minutes of its meeting at which the application was

approved; and

any conditions of approval, save those of a continuing nature, have been fulfilled.

(b) Upon service on the City of an application for leave to appeal the decision of the SDAB

or LPRT, under the MGA, the Development Officer shall suspend the development

permit issued by the SDAB or LPRT.

MGA, remains suspended until:

the Alberta Court of Appeal denies leave to appeal, and any appeal from that

denial has been finally determined; or

the Alberta Court of Appeal has granted leave to appeal, heard the appeal on the

merits, made its decision, and any appeal to the Supreme Court of Canada from

that determination by the Alberta Court of Appeal has been finally determined.

2.22 DEVELOPMENT PERMIT REMAINING IN EFFECT

(a) Unless otherwise provided by this Bylaw, a development permit remains in effect unless:

the development permit is suspended or cancelled; or

the development for which the permit is issued has not commenced within twelve

(12) months of the date the permit is issued.

(b) Notwithstanding subsection (a), if a building permit is issued for the development within

the twelve (12) month period, the development permit shall not lapse unless and until the

building permit so issued is cancelled or lapses.

permit to the SDAB or LPRT, and any consequent court proceedings until:

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the SDAB or LPRT, has issued a written decision of its approval of the

development permit and there is no appeal from this decision of the SDAB or

LPRT; or

the Alberta Court of Appeal denies leave to appeal and any appeal from that denial

has been fully determined; or

the Alberta Court of Appeal has granted leave to appeal, heard the appeal on the

merits, made its decision, and any appeal to the Supreme Court of Canada from

that determination by the Alberta Court of Appeal has been finally determined.

2.23 EFFECTIVE DATE

(a) A development permit for a permitted use where no variance has been granted comes

into effect on the date the permit was issued.

(b) Barring an appeal to the SDAB or LPRT, a development permit for a discretionary use or

where a variance has been granted, does not come into effect until twenty-one (21) days

from the date on which public notice was issued.

2.24 DEVELOPMENT PERMIT TIME EXTENSIONS

(a) The Development Officer may grant one twelve (12) month time extension on any

approved development permit.

(b) Time extensions are not permitted on approvals from the SDAB.

2.25 CANCELLED OR SUSPENDED DEVELOPMENT PERMIT

(a) If after the issue of a development permit, it becomes known to the Development Officer

that:

the application for the development permit contains a misrepresentation;

facts have not been disclosed which should have been disclosed at the time of

consideration of the application for the development permit; or

the development permit was issued in error;

The development permit may be suspended or cancelled by notice in writing, issued by

the Development Officer, to the applicant at the address given in the development permit

application.

(b) Upon receipt of written notice of suspension or cancellation of a development permit, the

applicant must cease all development and activities related to the permit.

2.26 DEVELOPMENT APPEALS

(a) If the Development Officer:

refuses or fails to issue a development permit to an applicant;

issues a development permit subject to conditions; or

issues a stop order under the MGA;

the person applying for the permit or affected by the stop order under the MGA may

appeal upon payment of such fee as set forth in the ‘Master Rates Bylaw’, as amended, to

the SDAB.

(b) A person affected by an order, decision, or development permit made or issued by the

Development Officer, other than a person having a right of appeal under subsection (a),

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may appeal upon payment of such fee as set forth in the Master Rates Bylaw, as

amended, to the SDAB in accordance with this Bylaw and the MGA.

and Development Appeal Board Bylaw No.20/95, as amended, the Land and Property

Rights Tribunal Act, and the MGA.

2.27 REPEAT APPLICATION

(a) Where an application has been refused or cancelled, an application for a development

permit for the same or similar use shall not be accepted by the Development Officer from

the same or any other applicant for the same site:

within six (6) months of the date of a refusal by the Development Officer; or

within six (6) months of the date of a written decision of the SDAB or LPRT, on a

previous application, if the previous application was appealed to, and subsequently

refused by, the SDAB or LPRT; or

within six months of the date of a written decision of the Alberta Court of Appeal on

the previous application if the application has been appealed to the Alberta Court

of Appeal; or

during the time prior to the decision of the SDAB, the LPRT, or the Alberta Court of

Appeal if the application has been appealed to the SDAB, the LPRT, or the Alberta

Court of Appeal.

(b) Subsection (a) shall not apply in the case of an application for a development permit for

a Permitted Use if the application complies with all the regulations of this Bylaw.

determines that subsection (a) applies, then the application shall be returned to the

applicant, along with any fees that have been submitted. The application shall not be

considered as having been refused, but shall be deemed not to have been submitted.

(d) Notwithstanding subsection (a), if two or more development permit applications for the

same or similar use on the same site have been refused by the Development Officer, the

SDAB, the LPRT, or the Alberta Court of Appeal, or any combination of the above, the

third and any subsequent development permit application for that use on that site shall

not be accepted by the Development Officer until one (1) year from the date of the most

recent refusal, unless that application is for a permitted use and complies in all respects

with the requirements of this Bylaw.

(e) Where a development permit is issued for a site for which any other valid development

permit has been issued, all previous development permits shall be invalid if the physical

aspects of the development conflict, or both developments could not occur

simultaneously upon the site, in conformity with the regulations of this Bylaw. In the

event that the latter permit is appealed and the decision is reversed, the former permit is

valid, unless otherwise provided in this Bylaw.

Non-Conforming Development

2.28 NON-CONFORMING DEVELOPMENT

(a) When a development permit has been issued on or before the day on which this Bylaw,

or any amendment to this Bylaw, comes into force, and the enactment of this Bylaw or

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any amendment to this Bylaw renders the development a non-conforming use or non-

conforming building, the development permit continues in effect.

(b) A non-conforming use of land or a non-conforming use of a building may be continued,

but if that use is discontinued for a period of six (6) consecutive months or more, any

future use of the land or building shall conform with the provisions of this Bylaw.

the building, whether or not it is a non-conforming building, shall not be enlarged or

added to and no structural alterations shall be made to it or in it.

(d) A non-conforming use of part of a lot shall not be extended or transferred in whole, or in

part to any other part of the lot and no additional buildings shall be erected on the lot

while the non-conforming use continues.

(e) A non-conforming building may continue to be used, but the building shall not be

enlarged, added to, rebuilt or structurally altered except:

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

as the Development Officer considers necessary for the routine maintenance of

the building.

(f) If a non-conforming building is damaged or destroyed to the extent of more than 75% of

the value of the building above its foundation, the building shall not be repaired or rebuilt

except in accordance with this Bylaw.

(g) The use of land or the use of a building is not affected by reason only of a change of

ownership, tenancy or occupancy of the land or building.

(h) Notwithstanding subsection (e), the Development Officer may approve as a discretionary

use in any District, an enlargement, alteration, or addition to a legal non-conforming

building, if the non-conforming building complies with the uses prescribed for that District

in this Bylaw, and the proposed development would not, in the opinion of the

Development Officer:

unduly interfere with the amenities of the neighbourhood; or

materially interfere with or affect the use, enjoyment, or value of neighbouring

properties.

Compliance Certificates

2.29 COMPLIANCE CERTIFICATES

(a) The registered owner, or a person with a legal or equitable interest in a site, may apply

to the Development Officer for a Compliance Certificate.

(b) The applicant for a Compliance Certificate shall submit two original Real Property

Reports, that have been produced no more than five years prior to the date of submittal,

along with the fees outlined in the ‘Master Rates Bylaw’, as amended.

buildings as shown on the Real Property Report provided by the applicant are located on

the site in accordance with the separation distance, and yard and building setback

regulations of this Bylaw, or the yard or building setbacks specified in any development

permit which may have been issued.

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(d) The Compliance Certificate shall only cover those buildings, or parts thereof, shown on

the Real Property Report as provided by the applicant.

(e) The Development Officer may refuse to issue a Compliance Certificate when, in their

opinion, they do not have sufficient information from the applicant to determine if

buildings as shown are located in accordance with the yard and building setback

regulations of this Bylaw, or the yard or building setbacks specified in any development

permit which may have been issued for the site.

(f) A Compliance Certificate is not a development permit.

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Draft Land Use Bylaw

Part 3

Specific Uses & Activities

This part outlines regulations that apply to specific uses and activities within

St. Albert.

3.1 APPLICATION

This part applies to all Districts under this Bylaw where such development is a stated use.

3.2 AMENITY AREA (COMMON)

For a dwelling (apartment), dwelling unit above a non-residential use, dwelling (townhouse

– complex), dwelling (townhouse – hybrid), and supportive living accommodation

containing 40 or greater dwelling units:

(a) The minimum amenity area (common) shall be 30.00 m

, excluding parking lots and

pedestrian walkways.

(b) An amenity area (common) may be provided indoors, outdoors, or a combination thereof.

a rooftop amenity area;

an at grade amenity area, including a plaza, courtyard, or patio;

a balcony or terraced balcony;

a common garden area, either at grade or above grade; or

any other amenity area (common), including but not limited to, a pool, fitness

centre, community room, or theatre room.

An amenity area (common) at ground level adjacent to public areas shall be

screened.

(d) Screening shall:

be a minimum of 1.20 m in height; and

be provided as either a landscape buffer with a minimum width of at least 1.00 m,

or a fence.

(e) Notwithstanding subsection (d), amenity area (common) may be screened in some other

form or combination thereof, if, in the opinion of the Development Office, it clearly

delineates the public space from the private space.

3.3 AMENITY AREA (PRIVATE)

For dwelling (apartment), dwelling unit above a non-residential use, dwelling (townhouse –

complex), and supportive living accommodation:

(a) each dwelling unit must provide at least one of the following forms of amenity area

(private):

a deck or balcony;

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a patio, or at grade yard;

a balconette or juliet balcony (in the DTN District only); or

a recessed balcony.

(b) notwithstanding subsection (a) for supportive living accommodation, the Development

Officer may use their discretion to determine the number of private amenity areas

required for a development.

shall be located next to a habitable room;

shall be a minimum of 5.00 m

per dwelling unit, with no one dimension less than

1.20 m; and

may be provided at ground level, above grade, or a combination thereof.

(d) An amenity area (private) at ground level must have screening at least 1.20 m in height,

to the satisfaction of the Development Officer.

3.4 AMENITY AREA (PUBLIC)

For developments containing three or more principal buildings on a single parcel, an

outdoor communal amenity area of not less than 100.00 m

must be provided for

employees and patrons of the development, to the satisfaction of the Development Officer

in accordance with following:

(a) the amenity area may include seating areas, raised gardens, courtyards and recreational

areas;

(b) the amenity area may include a plaza or focal point;

plantings, art, sculpture, and architectural features to create a strong sense of communal

gathering space;

(d) a portion of the amenity area must provide overhead weather protection;

(e) the amenity area must have convenient pedestrian connections and provide for barrier

free access; and

(f) an amenity area must be located centrally, or within a reasonable vicinity of the buildings.

3.5 ANIMAL SERVICE

A development permit for an animal service use shall only be issued where, in the opinion

of the Development Officer, the design of the facility ensures that any adjacent property

would not be adversely affected by noise or odour associated with the use.

3.6 BARE LAND CONDOMINIUM

(a) A bare land condominium unit shall comply with all the general regulations of this Bylaw

and with the regulations applicable to the District within which the bare land

condominium unit is located as if the unit were a lot or site.

(b) With the exception of common property lines on semi-detached or attached units, no

building on a bare land condominium unit may encroach on any property line, utility

easement or right-of-way.

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subdivision and shall comply with all requirements for a subdivision, including, but not

limited to:

adequate pedestrian and vehicle access;

provision of supply of water, electrical power, gas and sanitary sewer and storm

drainage; and

sequencing and timing of construction of all buildings and servicing.

3.7 BED AND BREAKFAST

A bed and breakfast use shall:

(a) have no cooking facilities in a guestroom;

(b) have a minimum guest room size of 7.00 m

per single occupant and 4.60 m

per person

for multiple occupants; and

changes are compatible with the character of the existing neighbourhood.

3.8 RETAIL (CANNABIS)

(a) The closest point of a retail (cannabis) use must be located a minimum of:

100 m from a parcel upon which another retail (cannabis) use is located;

100 m from a parcel upon which a provincial health care facility is located;

150 m from a parcel upon which a school (elementary or secondary) is located; or

150 m from a parcel upon which a future school (elementary or secondary) will be

located, including but not limited to lands designated as school reserve, or

municipal and school reserve, under the MGA.

(b) The separation distance shall be measured from the nearest property line of a parcel

containing a retail (cannabis) use to the property line of the above noted use.

Development Officer may consider a ‘Variance’ (Section 2.16), not exceeding 10.0 m.

3.9 CANNABIS PRODUCTION AND DISTRIBUTION FACILITY AND CANNABIS

PRODUCTION AND DISTRIBUTION FACILITY (MICRO)

(a) The closest point of a cannabis production and distribution facility, or cannabis

production and distribution facility (micro) building must be located a minimum of:

150 m from a Residential District or Use;

150 m from a parcel upon which a school (elementary or secondary) is located; or

150 m from a parcel upon which a day care facility is located.

(b) The separation distance shall be measured from the nearest property line of a parcel

containing a cannabis production and distribution facility to the property line of the above

noted use.

same parcel.

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(d) A cannabis production and distribution facility must include equipment designed and

intended to remove odours from the air prior to discharge from the building, thereby

limiting any adverse effects on adjacent parcels;

(e) Notwithstanding the ‘Outdoor Lighting Requirements’ (Section 4.16) of this Bylaw, all light

associated with any activity or function undertaken within the building, shall be contained

within the building, thereby having no adverse effect on an adjacent site.

(f) No signage identifying the cannabis production and distribution facility is permitted.

3.10 CREMATORIUM

A crematorium shall include equipment designed and intended to control odor and

emissions prior to discharge from the building, thereby limiting any adverse effects on

adjacent parcels.

3.11 DAY CARE FACILITY

(a) A day care facility that includes a playground, shall provide a separate access to the

playground area from the principal building and the playground area shall be enclosed

by a fence at least 2.00 m in height from finished grade, subject to Section 4.50 ‘Non-

Residential Fences’.

(b) At the discretion of the Development Officer, a day care facility may be required to

provide a drop-off area for the loading and unloading of patrons from vehicles so that the

development does not interfere with the regular flow of on-site or neighbouring traffic.

3.12 DRIVE-THROUGH

(a) A drive-through shall be located:

at the intersection of two or more public roadways, not including a lane;

between intersections, if there is an adjoining service road or a centre dividing strip

on the adjacent public roadway;

adjacent to a roadway interchange; or

in a shopping centre where, in the opinion of the Development Officer, the traffic

associated with the drive-through, combined with other traffic, will not adversely

affect public roadways or the internal traffic circulation for the shopping centre.

(b) The minimum setback for a drive-through is:

6.00 m from any property line or boundary of the site and any on-site parking

areas to all pump islands or above ground storage tanks; or

3.00 m from any property line or boundary of the site to a canopy over a pump

island or a drive-through aisle; or

10.00 m from any part of the building used for the Drive-Through to the nearest

Residential District; or

25.00 m from any part of the building used for a car wash to the nearest

Residential District; or

such greater distance as required by the Development Officer to buffer the

Residential District from noise, traffic, or other impacts of the drive-through.

pump islands must be located to allow a minimum 6.0 m wide through traffic lane.

4.65):

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a berm, or screening of at least 1.0 m high shall be erected and maintained around

the perimeter of a drive-through, unless the drive-through is located within a

shopping centre or where, in the opinion of the Development Officer, a berm, or

screening is not required; and

a berm, of a height to be determined by the Development Officer taking site

conditions into account, and a fence or wall, of at least 1.0 m in height and located

on top of or along side the berm, shall be erected and maintained to separate the

drive-through from any adjacent Residential District.

3.13 DWELLING (APARTMENT)

(a) For a dwelling (apartment), the following are the minimum separation distances, unless

otherwise stated in this Bylaw:

10.00 m from the exterior wall of a dwelling (apartment) building to any other

exterior wall of an on-site residential building; and

The minimum separation distance from the exterior wall of a dwelling (apartment)

building shall not be less than:

• 3.00 m to an on-site roadway, or a common or visitor parking stall;

• 1.50 m to a common walkway (except that portion of walkway that provides

direct access to building); and/or

• 1.50 m between a principal building and an accessory building, except for a

common amenity building which has a separation distance determined by the

Development Officer.

Separation distances may be determined by the Development Officer for any

portion or portions of a building containing non-residential uses located on the

ground floor.

(b) A dwelling (apartment) shall provide internal pedestrian connectivity, and connections to

a public sidewalk, walkway, or trail to the satisfaction of the Development Officer.

3.14 DWELLING (TOWNHOUSE)

General Townhouse Regulations

(a) The following regulations apply to all townhouse development:

Any dwelling (townhouse) must meet the required density listed in the applicable

ASP, ARP, Neighborhood Plan, Concept Plan, or District.

Driveways and vehicular access for a dwelling (townhouse) development shall only

be provided from lane or common internal roadway.

Surface parking must not encroach into any required front yard setback.

A dwelling (townhouse) facing a public roadway shall be comprised of no more

than six consecutively attached units.

A dwelling (townhouse) not facing a public roadway shall be comprised of no more

than eight consecutively attached units.

The minimum lot depth for a dwelling (townhouse) townhouse is covered in

Section 4.38 ‘Lot Depth’.

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Dwelling (Townhouse – Single)

(b) Unless otherwise regulated in a District, the minimum principal building setback for a

dwelling (townhouse – single) is:

7.50 m from any property line adjacent to a Major Roadway (listed in Schedule B)

if a dwelling unit faces that roadway;

4.50 m from a front property line, to no greater than 6.00 m;

from a side property line is:

• 0.00 m for a townhouse (interior unit);

• 1.25 m for a townhouse (end unit);

• 3.00 m on a corner lot in the SLR and LLR Districts; or

• on a corner lot in the MDR and HDR Districts:

A. 3.00 m when being height is less than or equal to 11.50 m; or

B. 4.00 m when building height is greater than 11.50 m.

from the rear property line is:

• 6.00 metres if there is an attached garage or carport located on the lot; or

• 13.00 m when no attached garage or carport is located on the lot.

5.50 m per townhouse (interior unit);

6.80 m per townhouse (end unit) on an interior lot;

8.50 m per townhouse (end unit) on a corner lot in the SLR and LLR Districts; or

9.50 m per townhouse (end unit) on a corner lot in MDR and HDR Districts.

(d) The maximum lot coverage for a dwelling (townhouse – single) is:

a townhouse (interior unit) is 55%;

a townhouse (end unit) is 47%; or

a townhouse (end unit) on a corner lot is 47%.

Dwelling (Townhouse – Plex)

(e) Notwithstanding subsection (a)(ii) for a dwelling (townhouse – plex) within the

Established Neighborhood Overlay District (Schedule C), where there is no lane, a front

driveway and vehicular access may be considered by the Development Officer in

consultation with the City Engineer.

(f) A dwelling (townhouse – plex) shall only be developed on a corner lot, with lane access.

Dwelling (Townhouse – Complex)

(g) Unless otherwise regulated in a District, the minimum principal building setback for a

dwelling (townhouse – complex) is:

5.00 m from any property line adjoining a PRK District;

4.50 m from a front property line adjacent to a public roadway, not including a

common internal roadway, if a dwelling unit has direct access to and faces that

roadway;

7.50 m from any property line adjacent to a Major Roadway (listed in Schedule B)

if a dwelling unit faces that roadway; or

6.00 m from a property line in all other cases.

(h) The minimum building separation distance for a dwelling (townhouse – complex) is:

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10.00 m between the exterior of the front or rear wall of a building and the rear or

front wall of any other building;

5.00 m between the exterior of the front or rear wall of a building and the side wall

of any other building;

3.00 m between the exterior of the side wall of a building and the side wall of any

other building;

(i) The minimum separation distance for a dwelling (townhouse – complex) from the

exterior wall of a building to an on-site roadway, a common walkway (except that portion

of walkway that provides direct access to building), or a common or visitor parking stall,

shall not be less than:

5.00 m at the front;

1.50 m at the side;

1.50 m at the rear.

(j) 1.50 m between a principal building and an accessory building, except for a common

amenity building which has a separation distance determined by the Development Officer.

(k) Notwithstanding subsection (h), a greater setback or building separation may be

required by the Development Officer.

(l) A dwelling (townhouse – complex) shall provide internal pedestrian connectivity, and

connections to a public sidewalk, walkway, or trail to the satisfaction of the Development

Officer.

Dwelling (Townhouse – Hybrid)

(m) In the case of a dwelling (townhouse – hybrid):

dwelling (townhouse – single) regulations regarding dwelling lot size, building

setbacks, lot coverage, and building height shall be applied to each single lot

within the overall development; and

dwelling (townhouse – complex) regulations regarding amenity area, visitor

parking, pedestrian connectivity, internal roadways, onsite walkways, and building

separation shall be applied to the overall development.

(n) If doubt arises as to the required application of the dwelling (townhouse) regulations

above, they shall be determined by the Development Officer by applying this bylaw as

closely as is possible in the circumstances of each case.

3.15 ESTABLISHMENT (ADULT)

(a) Any site containing an establishment (adult) must be located:

at least 150.00 m from the nearest Residential District;

at least 100.00 m from the closest point of a parcel on which there is a school

(elementary or secondary), religious assembly, day care facility, or conference and

banquet facility;

at least 100.00 m from a Special District; and

at least 100.00 m from the closest point of a parcel upon which there is another

establishment (adult).

(b) The separation distance shall be measured from the nearest property line of a parcel

containing an establishment (adult) use to the property line of the above noted use.

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3.16 GROUP HOME

The occupancy of a group home shall be no more than two individuals per sleeping unit, to

a maximum of six (6) people. In all cases, occupancy shall be determined by the Building

Code in force.

3.17 HEAVY VEHICLE AND EQUIPMENT (SALES AND SERVICE)

A heavy vehicle and equipment (sales and service) use shall:

(a) include a permanent building, with a gross floor area of at least 10% of the site area;

(b) have exclusive use of an outdoor display area;

meaning on-site parking areas and display areas must be separate;

(d) ensure that all outdoor display areas are paved, curbed, drained and landscaped; and

(e) pave and screen all outdoor storage areas for vehicles that are awaiting servicing or

repair, to the satisfaction of the Development Officer.

3.18 HOME-BASED BUSINESS (LEVEL ONE)

(a) A home-based business (level one) may operate within in a dwelling unit, or an

accessory building.

(b) A home-based business (level one) is restricted to a maximum of one (1) window sign.

commodities or finished products associated with the business outside the dwelling unit

or accessory building.

(d) No student or customer visits are permitted.

(e) A person shall not provide in-person instruction as a home-based business (level one).

(f) No person, other than a resident of the dwelling unit, shall be employed in a home-based

business (level one).

(g) The home-based business (level one) shall be operated as a secondary use only and

shall not change the principal character or external appearance of the dwelling unit or

accessory building involved.

(h) A home-based business (level one) shall not produce offensive noise, vibration, smoke,

dust, odour, heat, glare, electrical, or radio disturbance.

3.19 HOME-BASED BUSINESS (LEVEL TWO)

(a) A home-based business (level two) may operate within in a dwelling unit, an accessory

building, or a rear yard.

(b) A home-based business (level two) is restricted to a maximum of one (1) window sign.

commodities or finished products associated with the business outside the dwelling unit

or accessory building.

(d) If a person provides instruction as a home-based business (level two), no more than five

(5) students or customers shall be in attendance at the site at any one time.

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(e) One (1) non-resident person may be employed by a home-based business (level two).

(f) A home-based business (level two) shall be operated as a secondary use only and shall

not change the principal character or external appearance of the dwelling unit or

accessory buildings involved.

(g) The required parking for a home-based business (level two), shall be provided in

addition to the required residential parking for any dwelling units, in accordance with Part

5 – Parking.

(h) A home-based business (level two) shall not be permitted if:

It produces offensive noise, vibration, smoke, dust, odour, heat, glare, electrical, or

radio disturbance; and

the Development Officer determines that such use would be more appropriately

located in a Commercial or Industrial District having regard for, among other

matters, potential traffic generation and potential interference with the residential

character of the area.

3.20 HOME-BASED BUSINESS (LEVEL THREE)

(a) A home-based business (level three) may operate within a dwelling unit, an accessory

building, or a side or rear yard.

(b) A home-based business (level three) may have a maximum of one (1) sign, that is either a:

fascia sign;

freestanding sign;

projecting sign; or a

roof sign; and

the must align with the following dimensions:

• maximum area is 0.60 m

;

• maximum height for a freestanding sign is 2.50 m.

discretion of the Development Officer, in alignment with the setback requirements in the

applicable District.

(d) The maximum number of clients at any one time shall be at the discretion of the

Development Officer, having regard to the character of the immediate area, proximity to

other residences, and the potential impact of traffic.

(e) Up to two (2) non-resident persons may be employed by a home-based business (level

three).

(f) A home-based business (level three) shall be operated as a secondary use only and

shall not change the principal character or external appearance of the dwelling unit or

accessory buildings involved.

(g) A home-based business (level three) shall not occupy more than 30% of the gross floor

area of the principal dwelling plus the area of accessory buildings.

(h) Up to three commercial vehicles used in association with a home-based business (level

three) may be parked, stored and/or maintained on-site.

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(i) The required parking for a home-based business (level three), shall be provided in

addition to the required residential parking for any dwelling units, in accordance with Part

5 – Parking.

(j) A home-based business (level three) shall not be permitted if:

It produces offensive noise, vibration, smoke, dust, odour, heat, glare, electrical, or

radio disturbance; and

The Development Officer determines that such use would be more appropriately

located in a Commercial or Industrial District having regard for, among other

matters, potential traffic generation and potential interference with the residential

character of the area.

3.21 LIVE/WORK UNIT

(a) A live/work unit shall comply with the density provisions or floor area ratio requirements

of the underlying District.

(b) All live/work units should maintain a commercial component, which must comply with the

following:

the floor area devoted to the commercial component should not exceed 50% of the

unit; and

the commercial component shall be:

• located at grade; and

• have a public entry oriented to and directly accessible from a public roadway,

other than a lane or an undeveloped registered road plan.

discretionary use in the applicable District and shall be subject to a separate

development permit application.

(d) There shall be direct access between the residential and commercial components of the

live/work unit.

(e) Notwithstanding subsection (d), the residential component shall be separated from the

commercial component by a wall, ceiling, door or other means of separation meeting the

requirements of the Building Code.

(f) Materials, commodities or finished products associated with the commercial use shall

not be stored:

outside of the unit; or

in a parking stall, including a garage, required to meet minimum parking

requirements in Part 5 – Parking.

(g) A maximum of two non-resident employees or business partners may work in the unit,

and a minimum of one (1) employee or business partner must live in the unit.

3.22 PRE-FABRICATED TRAILER

A development permit for a pre-fabricated trailer to be used temporarily for a residential

sales centre, sales office, outdoor recreation or public assembly use may be granted at the

discretion of the Development Officer for a period specified in the permit.

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3.23 RESIDENTIAL SALES CENTRE

(a) Where a dwelling unit is used as a residential sales centre, a separate development

permit must be obtained for that use.

(b) A residential sales centre must have an exterior finish similar to the existing or proposed

residences in the vicinity, unless otherwise permitted by the Development Officer.

sales office or display area shall revert to residential use.

(d) A residential sales centre must provide sufficient on-site and off-site parking, in the

opinion of the Development Officer, to ensure that adjacent sites would not be adversely

affected.

(e) A temporary breezeway may connect two (2) or more show homes or raffle homes at the

discretion of the Development Officer.

(f) Where a residential sales centre is proposed, the plan of subdivision for the lots shall be

registered prior to issuance of a development permit for the show home.

(g) A residential sales centre shall not be operated for a period of more than twelve (12)

months, but the Development Officer may upon application renew a development permit

once for up to twelve (12) additional months.

(h) Notwithstanding subsection (g), a development permit for a residential sales centre in

the MU1 District may be renewed annually in conjunction with active development and a

valid development permit.

3.24 SECONDARY SUITE

(a) Any secondary suite shall be accessory to the principal dwelling unit.

(b) A secondary suite shall not be subject to separation from the principal dwelling by

registration of a condominium or subdivision plan.

statutory plans.

(d) A secondary suite shall have a maximum of three bedrooms.

(e) Only one secondary suite (garage), secondary suite (garden), or secondary suite

(internal) is allowed on a lot with a dwelling (single-detached), dwelling (semi-detached),

or dwelling (duplex), in accordance with the applicable District.

(f) Notwithstanding subsection (e), in the LDR District only, a maximum of two secondary

suites are allowed on a lot with a dwelling (single-detached), provided that one of the

suites is contained within the principal dwelling.

3.25 SECONDARY SUITE (GARAGE)

(a) A secondary suite (garage) is allowed separate and accessory to a dwelling (single-

detached), dwelling (semi-detached), or dwelling (duplex).

(b) A secondary suite (garage) shall:

be located in a rear or side yard;

meet side yard setback requirements for the principal dwelling;

be located a minimum of 1.25 m from the rear property line;

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be located a minimum of 1.50 m from any other building on site;

have a maximum gross floor area of 75.00 m

; and

be architecturally compatible with the principal dwelling unit.

dwelling unit(s) on adjacent properties through the placement of windows, decks and

balconies.

(d) A garage containing a secondary suite (garage) shall have a maximum height of 7.00 m

from finished grade; or 6.50 m with a roof slope equal to or less than 2/12 (Figure 1).

(e) A secondary suite (garage) must be located a minimum of 4.00 m from the principal

dwelling.

Figure 1: Maximum Height for Detached Garage with Garage Suite

3.26 SECONDARY SUITE (GARDEN)

(a) A secondary suite (garden) is permitted separate and accessory to a dwelling (single-

detached), dwelling (semi-detached), or dwelling (duplex).

(b) A secondary suite (garden) shall:

be located in a rear or side yard;

meet the side yard setback requirements for the principal dwelling;

be located a minimum of 1.25 m from the rear property line;

be located a minimum of 4.00 m from the principal dwelling;

be located a minimum of 1.50 m from any accessory building on site;

separation distance from the side or rear of a detached garage;

have a maximum gross floor area of 75.00 m

; and

be architecturally compatible with the principal dwelling unit.

(d) Consideration should be given to privacy for the suite, the principal dwelling unit, and

dwelling unit(s) on adjacent properties through the placement of windows, decks and

balconies.

(e) A secondary suite (garden) shall have a maximum height of 4.50 m from finished grade

or 4.00 m with a roof slope of 2:12 or less.

(f) Notwithstanding subsection (e), the Development Officer may approve a breezeway that

connects a secondary suite (garden) to the detached garage, if the breezeway is built in

compliance with the Alberta Building Code and does not exceed 13.50 m

in gross floor

area.

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3.27 SECONDARY SUITE (INTERNAL)

(a) The minimum area of a secondary suite (internal) shall be not less than 30.00 m

(b) A secondary suite (internal) shall have a separate entry from the principal dwelling unit,

either from a common indoor landing or from the exterior.

3.28 SOLAR COLLECTOR (ATTACHED)

(a) A solar collector (attached) may be located on the roof or wall of a building.

(b) Within the LDR, SLR, LLR and FBR Districts:

where a solar collector (attached) is attached to a roof with a pitch of less than

4:12 it must not extend beyond the outermost edge of the roof, but may:

• project a maximum of 0.5 m from the surface of the roof when the solar

collector is located 5.0 m or less from a side property line, measured directly

from any point along the side property line; and

• where the solar collector is located more than 5.0 m from a side property line, it

may project a maximum of 1.3 m from the surface of the roof.

where a solar collector (attached) is attached to a roof with a pitch of 4:12 or

greater it may project a maximum of 1.3 m from the surface of the roof, and must

not extend beyond the outermost edge of the roof.

where a solar collector (attached) is attached to a roof with a pitch of less than

4:12 it may project a maximum of 2.0 m from the surface of the roof, and must be

located at least 1.0 m inward from the outermost edge of the roof.

where a solar collector (attached) is attached to a roof with a pitch of 4:12 or

greater it may project a maximum of 1.3 m from the surface of the roof, and must

not extend beyond the outermost edge of the roof.

(d) Where a solar collector (attached) is attached to a pitched roof shall not project vertically

beyond the height of any existing roofline or any roof peak.

(e) A solar collector (attached) shall not exceed the maximum building height of the

applicable District.

(f) In all instances, the maximum distance by which a solar collector (attached) may project

from the surface of the roof is determined by measuring the perpendicular distance

between the surface of the roof and the exterior surface of the solar collector.

(g) A solar collector (attached) that is located on a wall may project a maximum of 0.60 m

from the surface of that wall.

3.29 SOLAR COLLECTOR (FREESTANDING)

(a) A solar collector (freestanding) shall be an accessory use to the principal use on a

parcel.

(b) A solar collector (freestanding) shall not project vertically beyond the height of any

existing roofline or any roof peak of the principal building.

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Draft Land Use Bylaw

Glare is not directed at an adjacent site and indirect glare does not adversely

affect an adjacent site; and

Traffic safety is not adversely affected.

(d) In a Residential District, a solar collector (freestanding):

must not be located in a front or side yard;

must be located a minimum of 1.0 m from side and rear property lines;

must not be more than 3.7 m in height above finished grade;

must be located a minimum of 1.5 m from the principal building; and

must be located a minimum of 1.5 m from another accessory structure.

(e) In a Non-Residential District, a solar collector (freestanding):

must not be located in a front yard;

must comply with the setback requirements for accessory buildings of the District;

must not be more than 5.0 m in height above finished grade;

must be located a minimum of 1.5 m from the principal building; and

must be located a minimum of 1.5 m from another accessory structure.

(f) In a Mixed-Use or Special District, setback and height of a solar collector (freestanding)

shall be at the discretion of the Development Officer.

3.30 STORAGE FACILITY (INDOOR)

(a) Exterior finishings shall incorporate a high degree of visual interest using elements

including, but not limited to, colour change, material change, or architectural features.

(b) Blank facades shall be addressed with sufficient architectural and/or landscaping details

to the satisfaction of the Development Officer.

(d) The number of vehicular access points into the building shall be at the discretion of the

Development Officer.

(e) A storage facility (indoor) proposed in a Commercial District shall be permitted only if,

the ground floor of at least one entire building face incorporates a commercial use as

follows: in the following manner:

the commercial use component shall not be less than 70.00% of the ground floor;

The ground floor height shall be a minimum of 4.0m;

Each commercial use shall have separate access from the exterior;

The commercial use shall not be related to the storage facility (indoor) business

3.31 STRIPPING, GRADING AND EXCAVATION

(a) Unless required for the preparation of a site for which a development permit has been

issued, the stripping, grading and excavation of land shall require a development permit

as outlined in Section 2.7 ‘Stripping, Grading And Excavation Applications’.

(b) With the exception of those lands governed by a valid development agreement,

stripping, grading and excavation activities are considered a discretionary use in all

Districts and require a development permit.

3.32 SURVEILLANCE SUITES

(a) A surveillance suite shall be clearly subordinate to and compatible with the principal use.

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Draft Land Use Bylaw

(b) No more than one (1) surveillance suite shall be located on a parcel.

enclosed structure, floor or a foundation, it is to be considered a part of the principal

building.

(d) A recreational vehicle shall not be used for a surveillance suite.

(e) The minimum and maximum floor area of any detached surveillance suite shall be

50.00 m

and 100.00 m

respectively.

(f) A minimum of one (1) dedicated off-street parking stall shall be provided.

3.33 TELECOMMUNICATION TOWERS

(a) Notwithstanding any other provision of this Bylaw, but subject to Section 1.12 ‘Duties of

the Development Officer’, the Government of Canada regulates the telecommunications

industry in Canada and is the authority that approves the location of telecommunication

towers.

(b) Unless excluded by the Government of Canada, a telecommunication tower shall be

reviewed by a Development Officer to ensure concurrence with the Bylaw.

BP2, ICS, RCC, NHC, TCC, DTN, HDR, MU1, PSI (non-school sites) and FUD Districts.

(d) Notwithstanding subsection (c), roof-top towers are preferred in the NHC, TCC, DTN,

HDR, MU1, PSI (non-school sites) and FUD Districts.

(e) Emergency services related directly to fire, police and hospital services on lands in the

PS and IF Districts are considered preferred locations solely for towers proposed to

enhance emergency uses on those sites.

(f) Discouraged locations for the siting of telecommunication tower include:

lands in the PRK, LDR, SLR, LLR, FBR, ICC and PSI (school sites) Districts;

lands designated as a Municipal Historical Resource through Municipal Bylaw or

lands designated as a Provincial Historical Resource by the Province of Alberta;

lands located within 800 m of Big Lake;

lands identified as being environmentally sensitive areas; and

local wetlands, riparian areas, areas of large bird concentrations, bird flyways such

as ridges and breaks in river vegetation, and areas where visible bird staging and

nesting exist.

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Draft Land Use Bylaw

Part 4

General Regulations

This part outlines general regulations that apply to all development in St. Albert.

City-Wide Regulations

4.1 APPLICATION

Sections 4.2 through 4.24. applies to all Districts under this Bylaw.

4.2 MEASUREMENT OF BUILDING HEIGHT

(a) The height of a building is the vertical distance measured from finished grade to the

highest point of the building as may be shown on a building elevation plan and building

cross-section plan, as illustrated in Figure 2.

(b) For the purposes of calculating building height, "finished grade" shall be measured using

the lowest level of finished ground elevation adjoining a building at any exterior wall as

shown on a site plan.

the purpose of measuring building height: elevator housing, mechanical housing, roof

stairway entrance, ventilation fan, skylight, steeple, chimney, smokestack, parapet wall,

flagpole, or similar feature not structurally essential to the building.

(d) The following are considered part of the building for the purpose of measuring building

height: solar collector, signs, roof mounted telecommunication tower, satellite dish

antenna, or radio antenna.

(e) A retaining wall shall not be used to create a finished grade that achieves a greater

building height than would otherwise have been possible by the original grade or

topography of the site.

(f) If doubt arises concerning the measurement of the height of an irregular building, it shall

be determined by the Development Officer by applying this Bylaw as closely as is

possible in the circumstances of the case.

Figure 2: Measuring Building Height

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Draft Land Use Bylaw

4.3 MEASUREMENT OF RETAINING WALL HEIGHT

(a) The height of a retaining wall is the vertical distance measured from finished grade to the

highest point of the retaining wall.

(b) For a tiered retaining wall installation, the height of the retaining wall will be measured

and considered as one wall, if the retaining walls are separated by a distance less than

two times the height of the underlying wall as illustrated in Figure 3.

Figure 3: Measuring Retaining Wall Height

4.4 MECHANICAL EQUIPMENT

(a) The location of mechanical equipment, exhaust fans and other potential sources of noise

and smells must be oriented to reduce adverse effects on surrounding properties and

communal amenity areas.

(b) All mechanical equipment must be visually and acoustically screened or incorporated in

the building.

4.5 DETERMINING PROPERTY LINES

(a) The front property line of a lot is:

the property line that adjoins a public roadway, other than a lane; or

in a LDR, SLR, LLR or FBR District, on a corner lot for a dwelling (single-

detached), dwelling (semi-detached), dwelling (duplex), dwelling (townhouse –

plex), or a dwelling (townhouse – single) the shortest property line that adjoins a

public roadway, other than a lane; and

in all other cases, a lot adjoining two or more public roadways other than a lane is

considered to have a front yard adjoining each public roadway requiring compliance

with the yard requirements of the District in which the lot is located, notwithstanding

that the lot is separated from the public roadway by a public utility lot.

(b) The rear property line of a lot is the property line opposite to the front property line.

property lines.

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Draft Land Use Bylaw

4.6 DETERMINING YARDS

(a) The front yard of a lot is that part of a lot located between the side property lines of a lot

in width and from the front property line of the lot to the nearest point of a foundation wall

of any building on the lot in depth.

(b) The rear yard of a lot is that part of a lot located between the side property lines of the lot

in width and from the rear property line to the nearest point of a foundation wall of the

principal building on the lot in depth.

measured from the side property line to the nearest point of a foundation wall of the

principal building.

(d) If two or more lots are consolidated, the Development Officer will determine the yards

taking into consideration the surrounding existing development situated on adjacent lots.

The Development Officer may request a site plan depicting proposed yards in order to

make the determination.

(e) If doubt arises as to which is a front, rear, or side property line or yard of a parcel, the

Development Officer shall determine the respective property line or yard by applying this

Bylaw as closely as is possible in the circumstances of each case.

4.7 MEASURING SETBACKS

(a) A front yard building setback is measured from the front property line of the lot and at

right angles or radially to the building.

(b) A side yard building setback is measured from the side property line of the lot and at

right angles or radially to the building.

(d) For the purpose of measuring building setbacks, architectural projections are excluded.

(e) If doubt arises as to the required dimensions or building setbacks, they shall be

determined by the Development Officer by applying this Bylaw as closely as is possible

in the circumstances of each case.

4.8 CORNER LOTS AND LOT COVERAGE

(a) In a Residential District, or for a residential use, a lot is considered to be a corner lot

notwithstanding that the lot is separated from the public roadway along the side by a

public utility lot.

(b) Lot coverage includes the area covered by the principal building and accessory

buildings, but excludes the areas covered by a vehicle access or a parking lot.

area of the principal building and accessory buildings including, but not limited to,

gazebos, sheds, attached or detached garages and carports; covered or enclosed decks

and verandas; dwelling (garage suite); or a dwelling (garden suite).

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4.9 CORNER LOTS – TRAFFIC SIGHT LINES

(a) On a corner lot, there shall be no development greater than 1.0m in height, within the

triangular area created by the property lines that form the corner and a straight line

connecting the two points 6.0m back along these property lines measured from their

intersection, as illustrated in Figure 4.

(b) Notwithstanding subsection (a), a greater corner cut distance may be required by the

Development Officer, in consultation with Engineering Services.

back from what would have been the intersection of property lines if the corner cut had

not been taken.

(d) In the DTN District, the triangular area shall be determined using a line 4.00 m back from

the intersection, unless another distance is required by the Development Officer.

(e) In the MU1 District, traffic sight lines may be reduced at the discretion of the

Development Officer in consultation with Engineering Services considering the safe

functioning of streets and the provision of adequate vehicular sight lines.

Figure 4: Corner Cut for Traffic Sight Lines

4.10 BUILDING DESIGN, CHARACTER AND APPEARANCE

(a) All exterior surfaces shall have a finished treatment.

(b) The design, character, and appearance of a building, including but not limited to all

accessory buildings and relocatable buildings, must be:

compatible with any other buildings existing on the site and in the vicinity, unless

the building, in the opinion of the Development Officer, sets a higher standard of

design, character, and appearance District or part of it; and

consistent with the purpose and regulations of the District in which the building is

located.

dwelling (semi-detached), dwelling (duplex), dwelling (townhouse – plex), dwelling

(townhouse – single), or an accessory building, must be completed within two years of

the date the building permit is issued unless otherwise stipulated by the building permit.

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Draft Land Use Bylaw

4.11 DESIGNATED FLOOD LINE

(a) The designated flood line is as indicated on the Land Use District Map in Schedule A

and is presented for reference purposes only and is not guaranteed for accuracy.

(b) Developments including, but not limited to, new construction and substantial

improvements are prohibited below the designated flood line.

(d) Notwithstanding subsection (a), development permitted below the designated flood line

shall require the approval of the Development Officer in consultation with the City

Engineer, and is restricted to:

development for the purpose of flood control;

public utility building;

public utility;

bridge or public roadway;

temporary campgrounds;

pedestrian walkways, parks and trails;

uninhabited accessory buildings;

non-obstructive recreation (outdoor) uses such as a golf course.

(e) A structure or premises which lawfully existed below the designated flood line before August

15, 2011, but which is not in conformity with these provisions, may be continued subject to

the conditions outlined in Section 2.28 ‘Non-Conforming Development’ and the MGA.

(f) For lots adjacent to the designated flood line, or of which a portion lies below the

designated flood line, prior to the issuance of a development permit the Development

Officer shall require that the applicant submit a set of stamped plans certified by a

registered Professional Engineer or Architect which confirms the freeboard elevation at

0.50 m above the designated flood line.

(g) As required, the Development Officer will rely on the information provided under

subsection (f) to determine the designated flood line on an individual property.

(h) The Development Officer shall circulate a development permit application for a

development located on a property adjacent to, or including, the designated flood line to

the City’s Engineering Department for review and comment with respect to the suitability

of the proposed development.

(i) Nothing in this Section, overrides or changes the boundaries of a District.

4.12 EASEMENTS AND ENCROACHMENTS

(a) Notwithstanding that a development otherwise complies with this Bylaw a development

permit shall not be issued for a development that encroaches into or over:

a utility easement or right-of-way without the written consent of the owner of the

easement or right-of-way and the person whose utility line is found in the

easement or right-of-way;

a public utility lot without the written consent of the owner; and

municipally owned land without the written consent of the owner.

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Draft Land Use Bylaw

4.13 GARBAGE AND RECYCING STORAGE

(a) Garbage and Recycling Storage is restricted to Non-Residential Districts and the MDR

and HDR Districts.

(b) Garbage and Recycling Storage must be located in:

a storage bay within, or attached to, the principal building,

a freestanding enclosure, comprised of solid fencing, or walls that match or

complement the materials of the principal building, to the satisfaction of the

Development Officer; or

an in-ground waste bin system, and

Must not encroach into a front yard building setback or landscaped buffer

property line that abuts a public right-of-way, Residential District, residential use, natural

area, or park.

4.14 STORAGE CONTAINER / REFUSE BIN

(a) A storage container / refuse bin shall be screened from view to the satisfaction of the

Development Officer, or set a higher standard of design, character, and appearance for

the District in which its placed.

(b) A storage container / refuse bin shall meet the minimum setbacks and placement

requirements for accessory buildings for the District in which its placed.

and shall not be used to store dangerous or hazardous materials, or as a dwelling.

(d) Notwithstanding subsections (a) through (c), the temporary placement of a storage

container / refuse bin shall be at the discretion of the Development Officer.

4.15 OUTDOOR LIGHTING

(a) Notwithstanding any other provision within this bylaw, outdoor lighting must be located

and arranged so that:

rays of light are not directed at an adjacent site and indirect rays of light do not

adversely affect an adjacent site; and

traffic safety is not adversely affected.

(b) For a Non-Residential use, a dwelling (apartment), dwelling (townhouse – complex), or

dwelling (townhouse – hybrid), all on-site parking lots, exterior pedestrian walkways, and

rear, front and side yards must be illuminated.

incorporate exterior and decorative lighting to enhance building architecture, landscaping

elements, and focal points.

(d) Full cut-off fixtures shall be installed for all exterior lighting.

(e) Notwithstanding subsection (d), outdoor lighting used to illuminate architectural features,

monuments, or public art, may emit light above the horizontal plane so long as it is

directed at such features, at the discretion of the Development Officer.

(f) All on-site surface parking lots and exterior pedestrian walkways must be illuminated.

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Draft Land Use Bylaw

4.16 OVERHEAD WEATHER PROTECTION

(a) Overhead weather protection is encouraged along building frontages with commercial or

institutional uses at grade, and at primary residential entrances for a dwelling

(apartment), a dwelling unit above a non-residential use, or supportive living

accommodation (over 13.00 m in height).

(b) Overhead weather protection shall be of a method suitable to the architectural style and

function of the building, and may take be of the following forms:

a continuous awning or canopy;

a continuous building recess or arcade; or

a combination of the above; as determined by the Development Officer.

Development Officer, provides ample protection for pedestrians.

(d) Overhead weather protection shall have a sloping profile, or be designed so as to

provide effective shedding of rain, self-cleaning by rain and wind, and to minimize snow-

(e) Notwithstanding any other regulation in this bylaw, overhead weather protection shall be

provided at a height and depth to provide sufficient protection of the adjacent sidewalk.

(f) If a building frontage is on an inclined grade, the design of the overhead weather

protection must be stepped or inclined to follow the grade.

4.17 MIXED-USE BUILDING WITH RESIDENTIAL USE

(a) When a mixed-use building contains a residential use, the residential development must:

not be located below any storey used for non-residential purposes;

have an entrance separate from the entrance to any non-residential component of

the building; and

provide:

• amenity area (common) in accordance with Section 3.2; and

• amenity area (private) in accordance with Section 3.3.

4.18 PANHANDLE SUBDIVISION

(a) Notwithstanding any other regulation in this bylaw, the panhandle portion of the lot shall

have a minimum width of 10.00 m.

(b) Notwithstanding any other regulation in this bylaw, the panhandle portion of the lot shall

have a maximum depth of 100.00 m.

at the street line.

(d) Notwithstanding section #.#, or any other regulation in this bylaw, the panhandle portion

of the lot shall not be used to calculate lot frontage, lot area, lot coverage, or building

setbacks.

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Draft Land Use Bylaw

4.19 PROHIBITED USES

(a) The following are prohibited in all Districts:

Automotive Wrecker;

Boarding House;

Digital Mining Facility; and

(b) Notwithstanding any other provision in this Bylaw, the following uses, unless specifically

listed as a permitted or discretionary use in the District where the site is located, are

prohibited as accessory uses to any other use:

Agriculture (Intensive);

Animal Service;

Automotive (Service);

Bed and Breakfast;

Bulk Fuel Sales Depot;

Bulk Oil And Chemical Storage;

Cannabis Production and Distribution Facility;

Cannabis Production and Distribution Facility (Micro);

Crematorium;

Day Care Facility;

Drive-Through;

Establishment (Adult);

Establishment (Gaming);

Fleet Service;

Funeral Home;

Group Home;

Health Service;

Hospital;

Hotel;

Industrial (Level One);

Industrial (Level Two);

Industrial (Level Three);

School (Commercial);

School (Elementary or Secondary);

School (Post Secondary);

Storage Facility (Recreation Vehicle and Equipment);

Supportive Living Accommodation; and

Transitional Accommodation.

for human occupancy.

(d) Notwithstanding subsection (c), in an Industrial District, the PRK or CPK Districts or for a

parcel containing a campground, the Development Officer may approve a surveillance

suite, (Section 3.22), provided that such use complies with all applicable building code

and health standards.

4.20 RAILWAY RIGHT-OF-WAY

Unless otherwise permitted by a federal approving authority, a principal building or

dwelling unit located on a property adjacent to a railway right-of-way must be located at

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Draft Land Use Bylaw

least 15.00 m from the closest edge of the railway right-of-way property line to the closest

edge of the building.

4.21 LIVESTOCK

Developments involving livestock are prohibited except as part of an agricultural use

within the FUD or TRN Districts, and shall only be allowed in accordance with the relevant

municipal bylaws.

4.22 TEMPORARY STRUCTURE

(a) Unless otherwise stated in this Bylaw, a trailer, mobile office, or other temporary

structure shall not be allowed except for use during construction.

(b) Notwithstanding subsection (a), at the discretion of the Development Officer, a

Development Permit for a temporary structure for a residential sales center, recreation

(outdoor), or public assembly use, may be granted for a specified time period.

allowed at the discretion of the Development Officer.

4.23 VEHICLE ACCESS – GENERAL

(a) A lot must have at least one legal means of vehicle access.

(b) Access shall not be allowed from a public roadway across a lot to another public

roadway other than a laneway.

have a turning space on the lot so that vehicles leaving the lot do not back into the

major roadway; and

comply with the ‘City Traffic Bylaw’, as amended.

Residential Buildings and Parcels

4.24 APPLICATION

Sections 4.25 through 4.44 applies to all Residential Districts.

4.25 SITE DENSITY

Notwithstanding any other provision in this Bylaw, for a Residential District, a

development shall meet the density target of the MDP, an ASP, ARP, Neighbourhood

Plan, or Concept Plan.

4.26 ACCESSORY BUILDING – RESIDENTIAL

(a) Except as otherwise provided in this Bylaw, an accessory building:

must not be located in a front yard;

must be located a minimum of 1.00 m from side and rear property lines when

located in a rear yard;

may be located in a screened side yard, provided it is a minimum of 1.20 m from

the side property line;

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Draft Land Use Bylaw

must be located a minimum of 1.50 m from the principal building unless

determined otherwise by the Development Officer;

must be located a minimum of 1.50 m from another accessory structure unless

determined otherwise by the Development Officer; and

must not be more than 3.70 m in height above finished grade.

4.27 AIR CONDITIONERS & HEAT PUMPS – FREESTANDING

(a) An exterior air conditioner or heat pump must not be:

located in a front yard;

located less than 1.00 m from a rear property line; and

located less than 0.30 m from a side property line.

(b) Notwithstanding subsection (a), this section excludes a window mounted air conditioner

or heat pump.

4.28 ARCHITECTURAL PROJECTION

(a) An architectural projection shall be permitted to extend into a required yard setback up to

0.60 m.

(b) Notwithstanding subsection (a), a balcony may extend into a required yard beyond 0.60 m,

at the discretion of the Development Officer.

4.29 DECKS

(a) A deck less than 0.60 m above finished grade may be built to the side and rear property line.

(b) A deck 0.60 m to 1.50 m above finished grade:

must meet the required front yard setback of the principal building;

must be located at least 1.00 m from a side property line; and

must be located at least 3.00 m from the rear property line or 1.00 m when a rear

property line is adjacent to a lane, road, park, public utility lot (PUL), or municipal

reserve (MR).

common property line on dwelling (semi-detached), and dwelling (townhouse).

(d) A deck greater than 1.50 m above finished grade must be located at least 5.00 m from

all property lines, unless:

the Development Officer determines that a 5.00 m separation from all property

lines is not required due to site conditions; and

the deck complies with the side yard setback of the principal building.

(e) If a covered or enclosed deck is attached to a principal structure, the deck shall meet the

minimum setback requirements for the principal structure.

4.30 DESIGN, CHARACTER, AND APPEARANCE OF RESIDENTIAL BUILDINGS

(a) In addition to the requirements in Section 4.10 ‘Building Design, Character and

Appearance’, a dwelling (apartment), dwelling unit above a non-residential use,

supportive living accommodation (greater than 13.00 m in height), or transitional

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accommodation (greater than 13.00 m in height), must be finished as follows to the

satisfaction of the Development Officer:

Exterior finishing materials on façades visible from a public right-of-way, natural

area, or park shall be of a higher quality appearance to the satisfaction of the

Development Officer.

The use of two or more colours is required to enhance the building exterior and to

create design accents. Building and architectural details (including flashing and

downspouts) shall have a colour that complements or accents the principal building.

Walls, including retaining walls, for general landscaping, amenity area (private)

and amenity area (common), and perimeter walls must be constructed or finished

in a similar material and colour to that used for the principal building exterior.

Large expanses of uninterrupted wall planes are prohibited where visible from a

public right-of-way, natural area, or park.

(b) When a building has a large expanse of uninterrupted wall planes:

the use of recesses, entrances, windows, projections, building material, colours,

roof design, or a physical break in building mass, is required to add articulation to

the façade;

multi-dimensional features shall be in proportion to the wall heights and building

mass; and

landscaping may be required to address an uninterrupted wall plane in accordance

with section 7.14(8).

(d) A building greater than 100.00 m in length, may be required to provide an at-grade

pedestrian thoroughfare, at the discretion of the Development Officer.

(e) Building massing should respect the existing topography of the site by terracing the

building where appropriate.

(f) Exterior pedestrian entrances must have overhead weather protection.

4.31 DETACHED GARAGE AND DETACHED CARPORT

(a) The front yard setback for a detached garage or carport shall align with the required front

yard setback for the principal building.

(b) The interior side-yard setback for a detached garage or carport is 1.00 m.

for Dwelling (Semi-Detached) and Dwelling (Townhouse – Single), a garage or

carport may be developed to a 0.00 m setback along the property line, common.

For a Dwelling (Single-Detached) in the LLR District, a garage or carport may be

developed to a 0.40 m setback on one side.

(d) The Corner Side-Yard Setback for a detached garage or carport on a corner lot with no

lane is:

4.50 m where there is no sidewalk; or

6.00 m from the edge of the sidewalk nearest the property line.

(e) The Corner Side-Yard Setback for a detached garage or carport on a corner lot with a

lane shall align with the side yard setback of the principal building.

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Draft Land Use Bylaw

(f) The Rear-Yard Setback for a detached garage or carport is 1.00 m.

(g) Notwithstanding subsection (f), for a lot with vehicular access provided from a rear lane

the minimum rear yard building setback is 1.50 m.

(h) For a detached garage or detached carport:

the maximum height is 4.50 m; and

the minimum separation distance from any other building on site is 1.50 m.

Notwithstanding subsection (h)(ii), the Development Officer may approve a breezeway

that connects a detached garage to a principal building, or secondary suite (garden), if

the breezeway is built in compliance with the Alberta Building Code and does not

exceed 13.50 m

in gross floor area.

Figure 5: Illustrative Detached Garage Setbacks

4.32 DRIVEWAYS

(a) All vehicle and recreation vehicle parking spaces, and driveways in Residential Districts

shall be hard surfaced.

(b) Parking vehicles either permanently or temporarily on turf, dirt, gravel, lawn, or other

non-hard surfaced area is prohibited.

of a driveway in an Established Neighbourhood, as shown on Schedule C, having

regard to the characteristics of the streetscape in the vicinity or neighbourhood.

4.33 EXTERIOR STAIRCASE

(a) Stairways attached to the principal building that are located above or below finished

grade must not:

be located less than 1.0m from the side or rear property line; and

shall not impede required vehicle access to a detached garage or carport in a rear yard.

min

4.5m*

min 1.5m

min 1.0m

right of way or easement

min

3.0m

Dwelling

Garage

rear property line

front property line

min

6.0m

min 1.5m

Dwelling

Garage

curb

sidewalk

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Figure 6: Fence Height and Location

4.34 RESIDENTIAL FENCES

(a) For a Dwelling (Single-Detached), Dwelling

(Semi-Detached), Dwelling (Duplex),

Dwelling (Townhouse – Single), or Dwelling

(Townhouse – Plex):

A fence in or around a front yard must

not exceed 1.20 m in height.

Any other fence must not exceed 2.00

m in height.

Notwithstanding subsection (ii), a

fence in or around a rear yard adjacent

to a lane must not exceed 1.20 m in

height for any portion of fence located

between the rear property line and the

face of a detached garage.

(b) For a fence, the depth of a front yard shall

be the distance from the front property line to

the foremost portion of the on-site principal

building or the principal building on the lot

adjacent to the fence, whichever is greater.

of a retaining wall or within 1.00 m of the top

of a retaining wall, the maximum height of

the fence shall be determined from a point

that is one-half the height of the subject

retaining wall.

(d) No fence is permitted if, in the opinion of the

Development Officer, the fence will block or

impede traffic sight lines.

(e) At the discretion of the Development Officer, on a corner lot, a fence may be required to

provide a corner cut for the purposes of sight lines noted in ‘Corner Lots – Traffic Sight

Lines’ (Section 4.9).

(f) A fence shall not be constructed of or topped with any material that may pose a hazard

to the public, or wildlife, including barbed wire and electrification.

(g) For a Dwelling (Townhouse – Hybrid), Dwelling (Townhouse Complex), or dwelling

(apartment), fencing may be required by the Development Officer, in consultation with

Engineering Services.

4.35 FIRE PITS AND BARBECUES

(a) A fixed outdoor fire pit, barbecue, fireplace or stove must not be:

located in a front or side yard;

located less than 3.0m from side and rear property lines; or

located less than 3.0m from any building.

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Draft Land Use Bylaw

4.36 HIGH RISE BUILDING DESIGN

(a) A building greater than 25.00 m in height shall:

be designed in a tower and podium format;

be designed, oriented, and constructed to maximize views, articulate the skyline,

and allow sunlight penetration at the street level, in public spaces, plazas, parks,

and amenity areas;

provide a minimum 7.50 m high podium, but no podium shall exceed 15.00 m in

height, as shown on Figure ##;

provide a minimum step back from the podium of 6.00 m, as measured from the

building face of the lower storeys when the side or rear property line of the site is

adjacent to an LDR, SLR, LLR, or FBR District;

provide a minimum step back from the podium of 3.00 m, as measured from the front

building face of the lower storeys when facing a public roadway, excluding a lane;

provide a minimum step back from the podium of 3.00 m, as measured from the

front building face of the lower storeys when the site is adjacent to any other District;

have a maximum tower floor plate not exceeding 750.00 m

;

(b) Notwithstanding subsection (a)(v) in no case shall the tower floor plate exceed 80.00%

of the podium floor plate.

distance is applicable to towers located on the same parcel, or an adjacent parcel.

(d) Notwithstanding subsection (c), the Development Officer may, at their discretion,

determine the required tower separation, based on any recommendations, or mitigative

measures specified in a technical study, prepared by a professional architect or

engineer.

(e) Additional step backs may be required at higher storeys for the building, if, in the opinion

of the Development Officer, it is necessary to mitigate the building scale, or wind, sun, or

shadow impacts.

4.37 LOT WIDTH MEASUREMENTS

(a) For a rectangular lot, lot width is measured by offsetting the front property line 6.0m

(Figure 7);

(b) For a pie-shaped lot located on a bulb of a cul-de-sac or a partial bulb on an outside

corner of a public roadway:

lot width is measured along a line 9.0m back from the front property line

(Figure 7);

the curb frontage must be a minimum of 6.0m as measured between the points

determined by the intersection of the side property lines and the line of the curb

face. For the purposes of this subsection, the side property lines are extended to

the curb face (Figure 8); and

where the lot is accessed by a rear lane, the curb frontage must be a minimum of

5.00 m as measured between the points determined by the intersection of the side

property lines and the line of the curb face. For the purposes of this subsection,

the side property lines are extended to the curb face (Figure 9);

measured along a line 6.00 m from the rear property line (Figure 7); and

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Draft Land Use Bylaw

(d) For irregular lot configuration where the lot width cannot be reasonably calculated by these

methods lot width shall be determined having regard for, but not limited to, access, shape

and buildable area of the lot and location of adjacent buildings.

Figure 7: Lot Widths

Figure 8: Curb Frontage

Requirements for

Pie Shaped Parcels

Figure 9: Curb Frontage

Requirements for

Rear Lane Access Only

4.38 LOT DEPTH

(a) In an LDR, SLR, LLR, or FBR District, or for a Dwelling (Townhouse – Single), Or

Dwelling (Townhouse – Hybrid) located in any District, the minimum lot depth is:

36.00 m, if the lot is adjacent to or backs onto a major arterial roadway identified in

Schedule B; or backs onto a railway property line;

30.00 m, if the lot is pie-shaped and is located on a bulb of a cul-de-sac, or on a

partial bulb on an outside corner of a public roadway, and is adjacent to or backs

onto a Major Roadway identified in Schedule B; and

30.00 m in all other cases.

(b) For a Dwelling (Townhouse – Plex) located in any District, the minimum lot depth is 36.00 m.

Figure 10: Lot Depth Requirements

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Draft Land Use Bylaw

4.39 LOTS – CUL-DE-SAC

Where a lot is located on a cul-de-sac bulb adjacent to another existing or future

residential development, the lot shall be a pie-shaped lot sharing a rear property with the

adjacent residential development, as illustrated in Figure 11.

Figure 11: Lots – Cul-de-Sac

Figure 12: Measuring Lots Less than 12.20 m Wide

4.40 LOTS LESS THAN 12.20 M WIDE

(a) For all dwelling types on lots less than 12.20 m

wide, including dwelling (single-detached),

dwellings (duplex), dwelling (semi-detached),

and dwelling (townhouse – single), the

following regulations apply:

Garages and driveways shall be grouped

to maximize on-street parking and space

for public infrastructure, as illustrated in

Figure 12.

Driveways shall not exceed 5.50 m in

width at the back of walk when located on

a lot less than 12.20 m in width, as

illustrated in Figure 12.

Where a dwelling has a front attached

garage, the front of the dwelling must

provide visible wall frontage, exclusive of

the garage width, as a window, door,

front porch, landing, or combination

thereof.

(b) Lots less than 11.50 m in width shall not be

located on the bulb or partial bulb of a cul-de-

sac, or a non-through street.

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Draft Land Use Bylaw

4.41 SECOND PUBLIC ACCESS

(a) A second public access is required for a residential use, on a local road, when:

the distance the distance from the center line of the primary local access road to

the closest point of the access route at a front property line exceeds 200.00 m; or

the total number of dwelling units exceeds 100.

(b) Notwithstanding subsection (a), should the traffic on the local road be expected to

exceed 1,000 vehicles per day, the Development Officer, in consultation with the City

Engineer, may require construction of a second public access.

access road to the closest point of the access route at a front property line may exceed

200.00 m, at the discretion of the Development Officer, for the following properties:

a portion of the SW-21-54-24-W4M (3, 54307 Highway 2), as shown on Figure 13; and

plan 142 3673, Block 1B, Lot 1 (200 Giroux Road), as shown on Figure 13;

including any future revisions to these legal descriptions based on a subdivision or

condominium plan

Figure 13: Small Lots on Non-Through Streets

4.42 VEHICLE ACCESS

(a) In the LDR, SLR, LLR, and FBR Districts and a Dwelling (Townhouse -Single) , in any

District, only one vehicle access per lot is allowed.

(b) Notwithstanding subsection (a):

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Draft Land Use Bylaw

on a corner lot that does not have rear lane access, one (1) vehicle access on

each side adjoining a public roadway may be allowed;

on a lot which can be accessed from a rear lane, and has existing vehicular

access to the front street, one (1) additional vehicle access from the rear lane may

be allowed, or

on a lot that provides a minimum of 30.0m of frontage, a circular driveway with two

vehicle accesses may be allowed.

4.43 PRIVATE POOL, HOT TUB AND DECORATIVE POND

(a) A private pool, hot tub or decorative pond must be:

located in a rear or side yard; and

at least 1.0m from the side and rear property lines.

(b) A decorative pond must not be located in a front yard, unless:

the decorative pond is 0.6m or less in depth; and

the decorative pond is located a minimum of 1.00 m from the front and side

property lines.

4.44 RADIO ANTENNA

(a) Subject to the requirements of the ‘Canadian Radio-television and Telecommunications

Commission’, a radio antenna must not be:

located in a front yard;

located less than 1.50 m from side and rear property lines;

more than 12.00 m in height above finished grade; or

used for commercial purposes.

(b) There shall be no more than one freestanding radio antenna on a lot.

accessory building on a lot.

Non-Residential Buildings and Parcels

4.45 APPLICATION

Sections 4.46 through 4.59 applies to all Commercial, Industrial, Special and Mixed-Use Districts.

4.46 ACCESSORY BUILDINGS

Accessory building setbacks and heights of accessory buildings or structures shall be

determined by the Development Officer.

4.47 DESIGN, CHARACTER AND APPEARANCE OF NON-RESIDENTIAL BUILDINGS

(a) In addition to the requirements in in Section 4.10 ‘Building Design, Character and

Appearance’, all buildings must be finished as follows:

Exterior finishing materials on façades visible from a public right-of-way,

Residential District, residential use, natural area, or park shall be of a higher

quality appearance as determined by the Development Officer.

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Draft Land Use Bylaw

The use of two or more colours is required to enhance the building exterior and to

create design accents. Building and architectural details (including flashing and

downspouts) shall have a colour that complements or accents the principal

building as determined by the Development Officer.

(b) Large expanses of uninterrupted wall planes are prohibited where visible from a public

right-of-way, Residential District, residential use, natural area, or park.

the use of fascia’s, canopies and other multi-dimensional exterior features is encouraged in

order to break up the façade;

multi-dimensional features shall be in proportion to the wall heights and building mass; and

landscaping may be required to address blank walls in accordance with Section

4.62 ‘Blank Walls’.

4.48 EMERGENCY ACCESS LANES

(a) In a shopping centre:

emergency access routes and fire lanes shall be provided in accordance with the

Alberta Building Code in effect at the date of the application for development

permit; and

emergency access routes and fire lanes shall be appropriately signed to prohibit

obstruction.

4.49 NON-RESIDENTIAL FENCES

(a) Electric Fences are prohibited.

(b) Barbed or razor-wire fences are restricted to Industrial Districts only where the fence is

1.80 m or higher.

provide a corner cut to maintain sight lines noted in ‘Corner Lots – Traffic Sight Lines’

(Section 4.9).

(d) Notwithstanding anything in this section, no fence is permitted if, in the opinion of the

Development Officer, the fence will block or impede traffic sight lines.

4.50 GROUPING AND ORIENTATION OF BUILDINGS

(a) To encourage a walkable site design and to enhance the pedestrian shopping

environment within a shopping centre, the following shall be considered:

The grouping of buildings in clusters with the buildings primarily oriented to create

an attractive and pedestrian-friendly public realm. In requiring such a configuration,

the Development Officer shall have regard to building size and the intended use;

The configuration of buildings to provide for shared parking to encourage

pedestrian rather than vehicular movement between buildings; and

Where practical, buildings should be located adjacent to a public roadway, and

oriented to permit views into the site along the axis of roadways and walkways

abutting the perimeter public roadways.

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Draft Land Use Bylaw

4.51 INTERFACE WITH ADJACENT RESIDENTIAL

(a) Where a proposed non-residential use will be located on a site adjacent to a residential

use or District, a Development Officer may require mitigation of potential development

impacts on the residential uses including:

provision of noise attenuation walls;

increased landscaping, including a landscape buffer;

relocation of parking areas, walkways, business entrances, or other high activity

areas away from residential property lines;

screening or relocating on-site lighting to avoid spillage onto residential parcels;

restricting the location of outdoor speakers; and

changing the proposed structure to mitigate noise, light, or glare impacts.

4.52 INTERFACE WITH MAJOR ROADWAY

(a) Exterior finishing materials on façades adjacent to a Major Roadway (Schedule B) roadway

shall be of a higher quality appearance to the satisfaction of the Development Officer.

(b) Unless otherwise spoken to in this Bylaw, buildings adjacent to a Major Roadway

(Schedule B), are encouraged to be oriented to, and have their main entrances, facing a

public street, with parking located at the side or rear of a site.

4.53 LOADING DOCKS

(a) In addition to the on-site parking and loading requirements under Part 5 – Parking,

loading docks shall be located in the side or rear of the site.

(b) Notwithstanding subsection (a), in the IND District, the Development Officer may allow a

loading dock to be located in the front of the site along a portion of the building, based

upon the development design, site functionality, building articulations, and exterior

finishing materials.

4.54 DUGOUT

(a) The minimum setback distance that shall be maintained between a new dugout and a

parcel line is:

front yard: 40.00 m;

side yard: 15.00 m or 40.00 m if abutting a public roadway; and

rear yard: 15.00 m.

(b) Notwithstanding subsection (a), where a dugout existed prior to February 22, 2022, the

dugout will not be subject to the prescribed setbacks.

4.55 OUTDOOR DISPLAY AREA

(a) An area used for outdoor display must:

be paved or otherwise surfaced and landscaped in a manner consistent with other

landscaped lots in the vicinity;

provide additional access, parking, screening and lighting as necessary to

accommodate the outdoor display; and

provide adequate drainage to the satisfaction of the Development Officer.

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Draft Land Use Bylaw

4.56 OUTDOOR STORAGE

Outdoor storage must conform to the following requirements:

(a) An outdoor storage area shall only be located in the interior side or rear yard.

(b) All equipment, vehicles, materials, and other items located within an outdoor storage

area shall be maintained in an orderly fashion.

abuts a public right-of-way, Residential District, residential use, natural area, or park.

(d) Notwithstanding subsection (b), no outdoor storage area shall be permitted within a

required landscape buffer or perimeter landscape area.

(e) Outdoor storage shall be screened to the satisfaction of the Development Officer.

(f) Notwithstanding subsection (d), all outdoor storage shall be screened from the public

right-of-way, Residential District, residential use, natural area, or park by a sight

obscuring screen of at least 2.00 m in height.

(g) An outdoor storage area shall not be used to satisfy on-site parking requirements.

(h) Outdoor Storage shall not exceed a maximum height of:

2.50 m in a Commercial District or the PSI or BP2 Districts

5.00 m in the ICS District, and

6.00 m in the IND District

4.57 PEDESTRIAN WALKWAY ACCESS

(a) All developments must provide on-site exterior private pedestrian walkways which:

connect on-site uses to each other and to the public right-of-way adjoining the

development in a safe and convenient manner through the use of dedicated

sidewalks, pathways, and walking routes; and

coordinate alignments and connections of onsite sidewalks, pathways and walking

routes to other existing or planned offsite pedestrian sidewalks, pathways, walking

routes, transit stops, amenity areas, and adjacent sites.

(b) Pedestrian walkways must be at least 1.50 m wide.

except where they cross on-site roadways or parking lots.

(d) Pedestrian walkways may be raised or ramped when traversing vehicular drive aisles,

and crosswalks shall be delineated with coloured concrete or painted lines.

(e) Pedestrian walkways must include landscaping improvements or fixtures to separate

users from adjoining on-site roadways and public roadways.

4.58 POTENTIALLY HAZARDOUS DEVELOPMENT

(a) No primary or accessory use shall be conducted as to cause the discharge of any

potentially hazardous or harmful waste materials:

into or upon the ground;

into or within any sanitary or storm sewer system;

into or within any water system or water body; or

into the atmosphere.

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Draft Land Use Bylaw

(b) No use or activity shall be conducted or permitted that is potentially hazardous

to persons or property by reason of the creation of a fire, explosion, or other

physical hazard; or

by reason of air pollution, odour, smoke, noise, vibration, radiation or fumes.

4.59 SATELLITE DISH AND RADIO ANTENNA

(a) Subject to the requirements of the ‘Canadian Radio-Television and Telecommunications

Commission’, a satellite dish antenna or radio antenna may be allowed at the discretion

of the Development Officer subject to the following:

In the MU1, and DTN Districts only one adequately screened satellite dish antenna

may be attached to or located on a principal building.

In the NBD, TCC, ICS, BP1 and BP2 Districts, up to two adequately screened satellite

dish antennas may be attached to or located on a principal building.

Notwithstanding subsections (i) and (ii), in the case of a broadcast studio use, the

number of satellite dish antennas is at the discretion of the Development Officer.

No satellite dish antenna or radio antenna shall exceed the maximum building height

allowed in a District.

Landscaping and Grading

4.60 APPLICATION

Sections 4.61 through 4.65. applies to all Districts under this Bylaw.

4.61 GENERAL LANDSCAPING REGULATIONS

(a) Landscaping shall not be permitted if, in the opinion of the Development Officer, it would

obstruct traffic sight lines either on the site or on a public roadway.

(b) Unless otherwise required by a Development Agreement or by the Development Officer,

landscaping of a site subject to a development permit, shall be completed within two years

of approval of the building permit.

the exterior wall of any habitable room and the closest edge of an on-site roadway

or parking space; and

the property line and the closest edge of an on-site roadway or parking space.

4.62 BLANK WALL

(a) For a Non‐Residential District or use, or for a dwelling (apartment); dwelling unit above a

non-residential use; supportive living accommodation (above 13.00 m in height), or

transitional accommodation (above 13.0m in height), any development that has a blank

wall facing a park, natural area, or public roadway, except a lane, must be landscaped in

accordance with the following:

if deciduous trees are planted they must be planted along the blank wall at regular

intervals and if coniferous trees are planted they must be planted in clusters of three;

the trees required under subsection (a)(i) must be a minimum of 6.00 m in height

at maturity; and

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Draft Land Use Bylaw

shrubs may be planted between the trees provided they reach a minimum height

of 2.00 m at maturity.

4.63 LANDSCAPING ADJACENT TO A PUBLIC ROADWAY

(a) Subject to Section 4.9 ‘Corner Lots – Traffic Sight Lines’, a development located in the

MID (Area C), NHC, TCC, BP1, BP2, IND, ICS, ICC (Areas A, B, and C), RCC, MDR,

HDR, MU1, MU2, or PSI District that adjoins a public roadway, except a lane, must be

landscaped in accordance with the following:

there must be a landscaped area at least 3.50 m wide around the perimeter of the

private lot, adjacent to the public roadway;

if deciduous trees are planted, they must be planted at regular intervals, and if

coniferous trees are planted, they must be planted in clusters of three;

trees must be located a minimum of 2.00 m from the property line; and

trees must be a minimum of 6.00 m in height at maturity.

A development located adjacent to a Major Roadway (Schedule B) must have a

berm or fencing, or both, to the satisfaction of the Development Officer, in

consultation with Engineering Services.

(b) For the berm under subsection (a)(v), planting requirements shall be determined by the

Development Officer, taking into consideration site characteristics and this Bylaw.

4.64 LANDSCAPED BUFFER

(a) A landscape buffer:

must include a mix of deciduous trees and coniferous trees which mix must be

comprised of at least 60.00% coniferous trees unless otherwise determined by the

Development Officer, in consultation with Engineering Services;

must include trees, that in the opinion of the Development Officer, in consultation with

Engineering Services, would be sufficient to screen the proposed use or District from

the adjacent parcel;

must have trees that are a minimum of 6.00 m in height at maturity; and

may, at the discretion of the Development Officer, include shrubs in addition to trees in

the landscaped buffer provided that the shrubs have a minimum height at maturity of

2.00 m.

(b) In a Non-Residential District, a landscape buffer must be provided, when adjacent to a

Residential District. The minimum landscape buffer width is specified for each District below:

District

Width of Landscaped Buffer

NHC, MID (Area C –commercial

and mixed-use only), MU1, PSI

3.50 m

TCC, RCC, BP1, BP2, ICS, IND,

ICC (Area B), MU2

6.00 m

All Other Districts

As determined by the Development Officer to

provide a suitable buffer between the

respective land uses.

park, natural area, or public utility lot. The minimum landscape buffer width is specified

for each District below:

City of St. Albert

Draft Land Use Bylaw

District

Width of Landscaped Buffer

NHC, MID (Area C –commercial

and mixed-use only), MU1, PSI

3.50 m

TCC, RCC, BP1, BP2, ICS, IND,

ICC (Area B), MU2

6.00 m

All Other Districts

As determined by the Development Officer to

provide a suitable buffer between the

respective land uses.

(d) A landscape buffer shall be provided for a dwelling (apartment); dwelling unit above a non-

residential use (when over 13.0 m in height); supportive living accommodation (when over

13.0m in height); transitional accommodation (when over 13.00 m in height); dwelling

(townhouse – complex); or dwelling (townhouse – hybrid), when adjacent to parcel with a:

dwelling (single-detached);

dwelling (semi-detached);

dwelling (duplex);

dwelling (townhouse – single); or

dwelling (townhouse – plex).

(e) The minimum landscape buffer width is specified for each use below:

Use

Width of Landscaped Buffer

dwelling (townhouse – complex),

or dwelling (townhouse – hybrid)

3.50 m

dwelling (apartment)

6.00 m

when over 13.0 m in height:

dwelling unit above a non-

residential use, supportive living

accommodation, or transitional

accommodation

6.00 m

Any other use

As required by the Development Officer to

provide a suitable buffer between the

respective land uses.

4.65 TREES

(a) In a Residential or Mixed-Use District, a dwelling (single-detached), dwelling (semi-

detached), dwelling (duplex), dwelling (townhouse – single), or dwelling (townhouse –

plex) shall provide a minimum of one tree and three shrubs per parcel.

(b) Trees required for a landscaped area must meet the following standards:

deciduous trees must have a minimum caliper width of 0.06 m at the time of

planting;

coniferous trees must be a minimum height of 2.40 m at the time of planting;

if a tree does not survive the required maintenance period, the applicant for the

development permit must replace it with a tree in accordance with subsections

(a)(i) or (a)(ii);

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Draft Land Use Bylaw

trees must be of a species suitable for the specific application, site conditions, and

the hardiness zone;

where a landscaped area is required adjacent to a City boulevard, the tree species

and planting must complement the City boulevard trees as required by the

Development Officer; and

where at the time of development the area between the front property line and the

curb and/or the curb and sidewalk is not landscaped, this area shall be landscaped

to City standards.

dwelling (semi-detached), dwelling (duplex), dwelling (townhouse – single), or a dwelling

(townhouse – plex), unless the site is located within the Established Neighbourhood

Overlay District (Section C).

(d) Notwithstanding subsection (a), in an Established Neighbourhood (see Section C)

where infill development is proposed, the development shall provide a minimum of two

trees.

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Draft Land Use Bylaw

Part 5

Parking

This part outlines parking regulations that apply throughout St. Albert.

5.1 APPLICATION

This part applies to all Districts under this

Bylaw.

5.2 GENERAL PARKING PROVISIONS

(a) If a parking calculation results in a fractional number, the number shall be rounded

upwards to the next whole number.

(b) When a parking stall, loading space, or electric vehicle charging station is required, it

shall be located on the same lot as the building or use in respect of which it is required

unless this Bylaw or the Development Officer otherwise permits.

but not limited to, a pillar, stairway, landing, cantilever, chimney, or storage unit.

(d) Where a use is not listed in this section, on-site parking shall be provided as required by the

Development Officer.

(e) Where this Bylaw states that parking is “as required by the Development Officer”, a

transportation or parking study may be required to be provided, per Section 2.6 ‘Additional

Plans and Information’.

5.3 RESIDENTIAL ON-SITE PARKING REQUIREMENTS

On-site parking shall be provided as follows:

Residential Development

Minimum Parking Requirement

(a) Dwelling (Apartment);

Dwelling Unit Above A Non-

Residential Use;

In DTN District:

• 0.8 stall per dwelling unit, and

• 1 stall per 7 dwelling units for visitor

parking.

In all other Districts:

• 1 stall per dwelling unit, and

• 1 stall per 7 dwelling units for visitor parking.

(b) Dwelling (Duplex);

Dwelling (Manufactured);

Dwelling (Semi-Detached);

Dwelling (Single-Detached);

Dwelling (Townhouse – Single);

Dwelling (Townhouse – Plex);

2 stalls per dwelling unit.

Complex);

1.5 stalls per dwelling unit, and

1 stall per 7 dwelling units for visitor parking.

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Draft Land Use Bylaw

Residential Development

Minimum Parking Requirement

(d) Dwelling (Townhouse – Hybrid);

As required by the Development Officer.

(e) Secondary Suite (Internal);

Secondary Suite (Garage);

Secondary Suite (Garden);

0 stalls required per suite, or

1 stall required when there are two

secondary suites on a parcel in the LDR

District.

(f) Live/work unit;

1 stall per dwelling unit for the residential

component, and

1 stall per 50.00 m

of gross floor area for the

commercial component.

(g) Farm help accommodation;

As required by the Development Officer.

(h) Home-Based Business (Level

Two);

Home-Based Business (Level

Three);

The Development Officer shall determine the

required parking for a home-based business,

(level two or three) having consideration for the

proposed number of visitors/customers, and

In the DTN District:

• 0 stalls per non-resident employee required

during the maximum working shift.

In all other Districts:

• 1 stall per non-resident employee required

during the maximum working shift.

(i) Group Home

1 parking stall per 3 sleeping units, and

1 parking stall per employee required during

the maximum working shift.

(j) Transitional Accommodation

1 parking stall per 5 sleeping units, and

1 parking stall per employee required during

the maximum working shift.

(k) Supportive Living

Accommodation

1 stall per dwelling unit,

1 stall per 5 sleeping units,

1 stall per 7 dwelling units or sleeping units

for visitor parking, and

1 stall per employee required during the

maximum shift.

(l) Parking accommodated within private garage spaces will be counted as part of the

minimum parking requirement calculations providing the following is met:

Within a single width vehicle garage there exists an unobstructed space with a

minimum depth of 5.80 m and a minimum width of 3.00 m (measured from the

finished interior dimensions). In addition, a driveway pad must be provided.

Within a double width vehicle garage there exists an unobstructed space with a

minimum depth of 5.80 m and a minimum width of 5.80 m (measured from the

finished interior dimensions).

Within a tandem garage there exists an unobstructed space with a minimum depth

of 11.60 m and a minimum width of 3.00 m (measured from the finished interior

dimensions).

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Draft Land Use Bylaw

5.4 NON – RESIDENTIAL ON-SITE PARKING REQUIREMENTS

On-site parking shall be provided as follows:

Non-Residential Development

Minimum Parking Requirement

(a) Agricultural Support Service;

Agriculture (General);

Agriculture (Intensive);

Art Gallery / Studio;

Broadcasting Studio;

Campground;

Car Wash;

Cemetery;

Chemical Processing;

Community Garden;

Equestrian Facility;

Natural Area;

Park;

Public Utility Building;

Recycling Depot;

Residential Sales Centre;

School (Post-Secondary);

Stadium;

Transmitting Station;

Topsoil Processing and Sales;

As required by the Development Officer.

(b) Animal Health;

Animal Service;

Catering Service;

Health Service;

Personal Service;

Professional Office;

Retail (Cannabis);

Retail (General);

In the DTN District, 1 stall per 80.00 m

gross floor area.

In all other Districts, 1 stall per 50.00 m

gross floor area.

1 stall per examination space, and

1 stall for every 3 employees required during

the maximum working shift.

(d) Auction (Agriculture);

1 stall per 80.00 m

of gross floor area.

(e) Auction (General);

1 stall per 4 seats for patrons, or

1 stall per 80.00 m

of gross floor area,

whichever is the greater.

(f) Automotive (Sales);

Automotive (Service);

Automotive (Specialty);

Construction Service;

Equipment Service;

Service Station;

Heavy Vehicle and Equipment

(Sales and Service);

Retail (Adult);

1 stall per 50.00 m

of gross floor area.

(g) Bulk Fuel Sales Depot;

1 stall per 2,500.00 m

parcel area.

(h) Bulk Oil and Chemical Storage;

1 stall per 5,000.00 m

parcel area.

City of St. Albert

Draft Land Use Bylaw

Non-Residential Development

Minimum Parking Requirement

(i) Cannabis Production and

Distribution Facility;

5 stalls, or

1 stall for every 3 employees required during the

maximum working shift, whichever is greater.

(j) Cannabis Production and

Distribution (Micro);

3 stalls, or

1 stall for every 3 employees required during the

maximum working shift, whichever is greater.

(k) Conference and Banquet

Facility;

In the DTN District, 1 stall per 50.00 m

gross floor area.

In all other Districts, 1 stall per 30.00 m

gross floor area.

(l) Crematorium;

1 stall per 50.00 m

of gross floor area, and

1 stall per crematorium vehicle.

(m) Day Care Facility;

In the DTN District:

• 4 stalls, or

• 1 stall per 3 employees required during

the maximum working shift, and 1 stall per

15 patrons, whichever is greater.

In all other Districts:

• 4 stalls, or

• 1 stall per 3 employees required during

the maximum working shift, and 1 stall per

10 patrons, whichever is greater.

(n) Equipment Rental;

3 stalls, and

1 stall for every 3 employees required during

the maximum working shift.

(o) Establishment (Adult);

1 stall per 4 seats, or

1 stall per 50.00 m

of gross floor area,

whichever is greater.

(p) Establishment (Brew Pub);

Establishment (Drinking);

Establishment (Restaurant);

In the DTN District, 1 stall per 6 seats.

In all other Districts, 1 stall per 4 seats.

(q) Establishment (Entertainment);

In the DTN District, 1 stall per 10 seats.

In all other Districts, 1 stall per 4 seats.

(r) Establishment (Gaming);

1 stall per 4 seats.

(s) Event Venue (Rural);

1 stall per 4 seats, or

1 stall per 50.00 m

gross floor area,

whichever is greater.

(t) Exhibition Grounds;

1 stall per 2,500.00 m

parcel area.

(u) Fleet Service;

1 stall for every 2 employees required during

the maximum working shift, and

As required by the Development Officer having

consideration for the proposed fleet size.

(v) Funeral Home;

1 stall per 50.00 m

of gross floor area, and

1 stall per funeral home vehicle.

(w) Government Service;

In the DTN District:

• 1 stall per 10 seats, or

• 1 stall per 80.00 m

of gross floor area,

whichever is greater.

City of St. Albert

Draft Land Use Bylaw

Non-Residential Development

Minimum Parking Requirement

In all other Districts:

• 1 stall per 8 seats, or

• 1 stall per 50.00 m

of gross floor area,

whichever is greater.

(x) Greenhouse and Plant Nursery;

1 stall for every 4 employees required during

the maximum working shift, and

1 stall per 50.00 m

of gross floor area

applicable to any retail sales portion.

(y) Hospital;

1 stall per 4 patient or resident beds, and

1 stall per employee required during the

maximum working shift.

(z) Hotel;

1 stall per guest room, and

additional stalls in accordance

with the

parking requirements of this section for any

other uses which form part of the hotel.

(aa) Industrial (Level One);

Industrial (Level Two);

Industrial (Level Three);

5 stalls, or

1 stall for every 3 employees required during the

maximum working shift, whichever is greater.

(bb) Recreation (Indoor);

1 stall per 4 seats for areas with fixed

seating, and

1 stall per 50.00 m

of gross floor area for

areas without fixed seating, and

1 stall per 3 employees required during the

maximum working shift.

(cc) Recreation (Outdoor);

1 stall per 4 seats for areas with fixed

seating, and

Any other parking shall be as required by the

Development Officer.

(dd) Religious Assembly;

In the DTN District:

• 1 stall per 10 seats, or

• 1 stall per 60.00 m

of gross floor area,

whichever is greater.

In all other Districts:

• 1 stall per 8 seats, or

• 1 stall per 50.00 m

of gross floor area,

whichever is the greater.

(ee) Retail (Warehouse);

1 stall per 3 employees required during the

maximum working shift, and

1 stall per 80.00 m

of gross floor area.

(ff) School (Commercial);

In the DTN District:

• 4 stalls, or

• 1 stall per 4 employees required during the

maximum working shift, and 1 stall per

60.00 m

of gross floor area, whichever is

greater.

In all other Districts:

• 4 stalls, or

• 1 stall per 3 employees required during the

maximum working shift, and 1 stall per

City of St. Albert

Draft Land Use Bylaw

Non-Residential Development

Minimum Parking Requirement

50.00 m

of gross floor area, whichever is

greater.

(gg) School (Elementary or

Secondary);

1 stall per 20 students for an elementary or

junior high school (grades 1 to 9).

4 stalls per 20 students for a senior high

school (grades 10 to 12).

Application of the ratios in subsections (gg)(i)

and (ii) shall be based on the projected

design capacity of the facility, and the grade

levels that it contains.

(hh) Storage Facility (Indoor);

4 stalls, and

1 stall for every 3 employees required during

the maximum working shift.

(ii) Storage Facility (Mini);

Storage Facility (Recreation

Vehicle and Equipment);

Sod Farm;

3 stalls, and

1 stall for every 3 employees required during the

maximum working shift, whichever is greater.

(jj) Warehouse;

Less than 1,850.00 m

gross floor area:

• 1 stall per 150.00 m

of gross floor area, and

• 1 stall for every 3 warehouse employees

required during the maximum working shift.

From 1,850.00 m

to 9,300.00 m

gross floor

area:

• 1 stall per 300.00 m

of gross floor area, and

• 1 stall for every 3 warehouse employees

required during the maximum working shift.

Greater than 9,300.00 m

gross floor area:

• 1 stall per 500.00 m

of gross floor area, and

• 1 stall for every 3 warehouse employees

required during the maximum working shift.

(kk) A parking lot is encouraged to be located in the side or rear of Non-Residential use site.

(ll) The minimum setback for a parking lot or loading area is 3.00 m from any property line that

abuts a public right-of-way, Residential District, residential use, natural area, or park.

(mm) Notwithstanding subsection (ll), no parking lot or loading area shall be permitted within a

required landscape buffer or perimeter landscape area.

(nn) A parking lot or loading dock shall be screened from the public right-of-way, Residential

District, residential use, natural area, or park, to the satisfaction of the Development Officer.

City of St. Albert

Draft Land Use Bylaw

5.5 NON-RESIDENTIAL MULTI-TENANT PARKING

Non-Residential Multi-Tenant Buildings and Shopping Centre parking shall be as follows:

Multi-Tenant Non-Residential

Minimum Parking Requirement

(a) Shopping Centre;

Commercial Multi-Tenant Building;

In the DTN District, 1 stall per 70.00 m

of gross floor area.

In all other Districts, 1 stall per 40.00 m

of gross floor area.

(b) Industrial Multi-Tenant Building;

1 stall per 45.00 m

of gross floor area,

excluding any warehouse component.

developments within a shopping

centre or multi-tenant building:

• Conference and Banquet Facility;

• Establishment (Entertainment);

• Establishment (Gaming); or

• Hotel.

Notwithstanding subsections (a) and (b)

the development officer may determine

additional parking requirements for the

uses listed in subsections (c).

(d) When a development falls within two or more use categories, parking requirements shall

be provided in accordance with the parking space requirements for each individual use

that form a part of the development.

(e) Notwithstanding subsection (d), for a shopping centre or multi-tenant building that has parking

approved in accordance with subsection (a) or (b), any future parking calculations for a new

use, or a change of use, within the building, excluding the uses in subsection (c), shall not be

based on the individual uses forming part of that development, unless the building is being

expanded, or altered in size.

(f) All parking spaces shall be hard surfaced and accessible by a permanent vehicle

access. Parking vehicles either permanently or temporarily on turf, dirt, gravel, lawn, or

other non-hard surfaced area is prohibited.

(g) Notwithstanding subsection (f), in the TRN District, on-site parking material may be

determined by the Development Officer, in consultation with Engineering Services,

having regard for the characteristics of the site, or development in the vicinity.

(h) Notwithstanding subsections (a), (b) or (c), the Development Officer, at their discretion, may

require additional parking having consideration for, but not limited to, the intensity of the use,

existing building occupancy, adjacent development, and on-site parking availability.

(i) Notwithstanding subsections (a), (b) or (c), the Development Officer, at their discretion,

may consider differing parking requirements, when supported by an approved parking

and/or transportation study.

5.6 OFF-SITE PARKING

(a) In a Non-Residential District, the Development Officer may authorize the use of off-site

parking to meet the on-site parking required under Sections 5.4 and 5.4, provided:

there is a convenient walkway from the off-site parking to the development that is

the subject of the development permit application; and

they are the owner of both the proposed development site, and the site where off-

site parking is proposed; and

City of St. Albert

Draft Land Use Bylaw

the owner has dedicated the site for off-site parking for the benefit of the

development in question only.

5.7 BARRIER FREE PARKING

(a) Barrier free parking stalls must be:

provided at a rate of 3.00% of the minimum on-site parking requirements, to a

maximum of 10 stalls;

included as part of, and not in addition to, the applicable minimum on-site parking

requirement;

provided in accordance with the Alberta Building Code;

located within a reasonable distance of a building entrance or access point; and

identified as barrier free parking spaces through the use of appropriate signage.

5.8 TANDEM PARKING

(a) Tandem parking is permitted in Residential and Mixed-Use Districts.

(b) No more than two parking stalls can be designed in tandem per dwelling unit, for the

stalls to be counted towards the total required parking.

(d) Tandem parking may be permitted for a Non-Residential District or use, at the discretion

of the Development Officer.

5.9 DESIGN AND CONSTRUCTION OF PARKING LOTS

(a) A parking lot shall be designed, located, and constructed such that:

it can be properly maintained;

it is accessible and appropriate for the nature and frequency of motor vehicles using it;

it has adequate storm water drainage and storage facilities;

it is hard surfaced.

each parking stall, loading space, or drive aisle is clearly demarcated, or physically

divided, to delineate each area;

curbs and other protective measures are used to protect adjacent fences, walls,

walkways, boulevards, landscaped areas, or buildings on the site or an adjacent site;

continuous raised or pre-cast curbing is provided adjacent to a street or required

landscape area; and

curb stops are located a minimum of 0.60 m inside the front of the required parking

stall depth.

(b) Notwithstanding subsection (a), the final design of a parking lot in the TRN or FUD

District, shall be to the satisfaction of the Development Officer, in consultation with

Engineering Services.

Section 5.11 ‘Parking Lot Landscaping’.

5.10 PARKING LOT LANDSCAPING

(a) When a parking lot is required to be landscaped Section 5.10(c), trees must be planted

at a minimum ratio of 1 tree per 5 parking stalls for single row parking and a minimum

ratio of 1 tree per 10 parking stalls for double row parking;

City of St. Albert

Draft Land Use Bylaw

(b) Notwithstanding subsection (a), the ratio of trees to parking stalls required may be reduced

by the Development Officer where site conditions, such as location, size, sight lines, and

climatic factors, warrant a lesser ratio; and

designed to protect trees and ground cover from damage;

raised a minimum of 0.15m above the finished grade;

finished with tree grates, ground cover vegetation or hard landscaping; and

installed after a maximum length of 20 parking stalls.

5.11 ELECTRIC VEHICLE CHARGING STATIONS

(a) For new development, electric vehicle charging stations must be:

provided at a rate of 1.50% of the minimum on-site parking requirements, to a

maximum of 10 charging stations for the following uses:

• shopping centre;

• multi-tenant building;

• hotel; or

• a standalone retail (warehouse), hospital, school, or government service use.

Provided at a rate of 3.00% of the minimum on-site parking requirements, to a

maximum of 20 charging stations for the following uses:

• dwelling (apartment); or

• dwelling unit above a non-residential use.

Provided at a rate of 1.00% of the minimum on-site parking requirements, to a

maximum of 10 charging stations for the following uses:

• dwelling (townhouse – complex).

(b) An application for an addition or expansion of an existing building shall be required to

provide electric vehicle charging stations based on the increased parking required, but

not exceeding the maximum charging stations set in subsection (a).

building shall not be required to provide any electric vehicle charging stations.

(d) Electric vehicle charging stations are included as part of, and not in addition to, the

applicable minimum on-site parking requirement.

(e) Notwithstanding subsection (d), for a dwelling (townhouse – complex), electric vehicle charging

stations are calculated in addition to the applicable minimum on-site parking requirements.

5.12 PARKING STALL AND DRIVE AISLE REQUIREMENTS

(a) The minimum dimensions of a parking space or a drive aisle shall be in accordance with

Table 3, and measured as per Figure 14.

(b) In the case of a parking angle not listed in Table 3, the stall depth and drive aisle width

shall be at the discretion of the Development Officer.

(d) All small car parking spaces shall be demarcated or designated as “small car parking only”.

City of St. Albert

Draft Land Use Bylaw

(e) Small car parking spaces may comprise a maximum of 25.00% of required parking for all

developments, except for development in the LDR, SLR, LLR, and FBR Districts.

Table 3: Parking Stall Dimensions

(a)

Parking Angle

(b)

Stall Width

(c)

Stall Depth

(d)

Drive Aisle Width

Standard Parking Stall

0 degrees (parallel)

2.60 m

7.00 m

7.00 m for two way traffic, or

4.00 m for one way traffic

30 degrees

2.60 m

5.20 m

4.00 m

45 degrees

2.60 m

6.00 m

4.00 m

60 degrees

2.60 m

6.40 m

7.00 m

90 degrees

2.60 m

5.80 m

7.00 m

Small Car Parking Stall

0 degrees (parallel)

2.60 m

7.00 m

7.00 m for two way traffic, or

4.00 m for one way traffic

30 degrees

2.45 m

4.60 m

4.00 m

45 degrees

2.45 m

5.30 m

4.00 m

60 degrees

2.45 m

5.60 m

7.00 m

90 degrees

2.45 m

5.00 m

7.00 m

Figure 14: Parking Angle Illustration

5.13 LOADING SPACES

(a) One loading space per loading door is required in all Districts.

(b) A loading space shall:

be at least 3.00 m wide and 9.00 m deep; and

have overhead clearance of at least 4.00 m.

5.14 QUEUING SPACES

(a) Queuing spaces shall be provided in accordance with the following:

a drive-through with a drive-up service window must provide a minimum of three

in-bound and one out-bound queuing spaces per service window;

City of St. Albert

Draft Land Use Bylaw

an automotive (service) or automotive (specialty) with a drive-through must provide

a minimum of three in-bound and one out-bound queuing spaces per service bay;

a car wash must provide a minimum of six in-bound and one out-bound queuing

spaces;

a parking structure must provide a minimum of one in-bound and one out-bound

queuing spaces;

(b) Notwithstanding subsection (a), additional queuing spaces may be required at the

discretion of the Development Officer.

Development Officer.

(d) Queuing spaces must be a minimum of 6.00 m long and 3.00 m wide.

(e) Queuing spaces must allow for vehicle turning and maneuvering.

(f) A queuing space does not include any space occupied by a motor vehicle during the

provision of service.

5.15 BICYCLE PARKING

(a) For any new development, or where any such existing development is substantially

enlarged or increased in capacity, on-site bicycle parking shall be provided, that is:

secure, safe, convenient, visible, and illuminated; and

compatible with the design of the surrounding development.

(b) For a dwelling (apartment), dwelling (townhouse – complex), or dwelling unit above a

non-residential use:

the minimum number of bicycle parking spaces shall be one (1) bicycle parking

space per seven dwelling units.

Notwithstanding subsection (a), in the DTN District, the minimum number of

bicycle parking spaces shall be one (1) bicycle parking space per three (3)

dwelling units.

In the LDR, SLR, LLR, FBR, FUD, and TRN Districts, no bicycle parking is required.

shall be at the discretion of the Development Officer.

(d) For all other Districts and Non-Residential Uses the minimum number of bicycle parking

spaces shall be six (6) spaces per building.

(e) The Development Officer, at their discretion, may require additional bicycle parking

spaces, having consideration for, but not limited to, the intensity of the use, existing

building occupancy, and adjacent development.

5.16 PARKING OF RECREATION VEHICLES OR RECREATION EQUIPMENT

(a) The parking of recreation vehicles or recreation equipment which do not fall under

Section 2.2 ‘Development Not Requiring a Development Permit’, may be allowed at the

discretion of the Development Officer.

(b) In considering a development permit under subsection (a), the Development Officer shall

take into account safety, sightlines, impact on adjoining parcels, and any other site factors.

City of St. Albert

Draft Land Use Bylaw

5.17 PARKING STRUCTURE

(a) The internal and external design of a parking structure shall have consideration for:

visibility and surveillance;

on-site lighting; and

user safety.

(b) The building frontage of a parking structure, when adjacent to a public roadway, park, or

natural area, shall:

be integrated with the building design and finishing materials; and

complement the streetscape.

lessor building setback, for the below grade portions only, may be permitted at the

discretion of the Development Officer.

(d) Venting for an above grade or below grade parking structure, shall be integrated into

landscaping, the building design, or hard surface areas with limited impact on pedestrian

rights-of-way, amenity areas, or the visible building façade.

City of St. Albert

Draft Land Use Bylaw

Part 6

Land Use Districts

This part outlines specific regulation that applies to the City’s Land Use Districts.

6.1 LAND USE DISTRICT MAP

(a) Districts are described in the short form on the Land Use District Map, within

Schedule A of this Bylaw,

(b) District boundaries are delineated on the Land Use District Map.

District Map, the following shall apply:

Where a boundary follows a street, lane, stream or canal it shall follow the

centreline thereof,

Where a boundary generally follows a parcel line, it shall follow the parcel line,

Where specific dimensions are noted on the Land Use District Map, those

dimensions shall be followed,

Where there is doubt or dispute concerning the exact location of the boundary of a

District, Council shall determine the location of the boundary according to the

direction of this Bylaw,

(d) Boundaries shall not be altered except by an amendment to this Bylaw, and

(e) Council shall maintain a list of amendments to the boundaries on the Land Use District

Map and update the local GIS database to reflect amendments.

(f) Where a property boundary is adjusted by subdivision, or by the inclusion of a private

road or other land not previously assigned a land use class, the Land Use District

boundary follows the new property boundary.

(g) Any doubt as to the boundaries of a Land Use District as shown on the Land Use Map

shall be settled by a resolution of Council.

City of St. Albert

Draft Land Use Bylaw

6.2 LAND USE DISTRICT CONVERSION

Districts in the Bylaw have been amended as follows:

Table 4: Land Use District Conversions

Land Use Bylaw No.

Low Density Residential

LDR

Low Density Residential

LDR

Low Density Residential

Medium Density Residential

MDR

Medium Density Residential

R3A

Medium Density Residential

MDR

Medium Density Residential

High Density Residential

HDR

High Density Residential

Residential

SLR

Small Lot Residential

RXL

Residential Lane

LLR

Laned Lot Residential

Downtown Residential

DTN

Downtown

Midtown

MID

Midtown

RFB

Residential Front Back

FBR

Front Back Residential

Neighbourhood Commercial

NHC

Neighbourhood Commercial

General Commercial

NHC

Neighbourhood Commercial

Corridor Commercial

TCC

Trail Corridor Commercial

Mixed Commercial

DTN

Downtown

Boardwalk

DTN

Downtown

CIS

Commercial and Industrial Service

ICS

Industrial and Commercial Service

Business Park

---

District Removed

ICC

Integrated Care Community

ICC

Integrated Care Community

BPT

Business Park Transition

BP2

Business Park 2

Regional Commercial

RCC

Regional Commercial

BP2

Business Park

BP2

Business Park 2

Public Park

PRK

Public Park

Public and Private Service

PSI

Public, Private, and Institutional Service

Institutional Facilities

PSI

Public, Private, and Institutional Service

Urban Reserve

FUD

Future Urban Development

DCMU

Direct Control Mixed-Use

MU2

Mixed-Use 2

DCNUV

Direct Control Northwest Urban Village

---

District Removed

Transitional

TRN

Transitional

Alternate Jurisdiction

ALT

Alternate Jurisdiction

Downtown

DTN

Downtown

---

New

BP1

Business Park 1

---

New

IND

Industrial

---

New

MU1

Mixed-Use 1

---

New

CPK

Conservation Park

City of St. Albert

Draft Land Use Bylaw

6.3 DIRECT CONTROL DISTRICTS (DC)

(a) The purpose of a Direct Control (DC) District is to enable Council to exercise particular

control over the use and development of land or buildings within the area so designated.

The DC District may be used to create site specific regulations for parcels, including

historic resources.

(b) Council shall determine the uses that may be allowed in a DC District; and may impose

such standards and conditions it considers appropriate to regulate that use.

by the Development Officer, and the Development Officer may impose standards and

conditions they consider appropriate to regulate, including:

accessory developments to a use enabled within a DC District

(d) A DC District is a separate and distinct bylaw from this Bylaw and can be made with

reference to Districts in this Bylaw.

(e) Council or the Development Officer may refer to a corresponding conventional District or

any part of the Land Use Bylaw to determine land use regulations that may be applied to

a Direct control development permit.

6.4 DIRECT CONTROL DISTRICT APPLICATIONS

(a) Application requirements for the submission of a DC District must include:

All information required for a ‘Land Use Redistricting Application’ (Section 1.15),

A written statement indicating why, in the applicant’s opinion, a DC District is

necessary and why the same results cannot be achieved through the use of a

District in this Bylaw,

A list of permitted and discretionary uses proposed for the site,

Plans and elevations or other documentation about the development, including site

and building characteristics, that would help to substantiate the need for the DC

District, and

Any other information as may be required by the Development Officer and/or

Council.

6.5 DIRECT CONTROL DEVELOPMENT PERMITS

(a) Council, or the Development Officer where delegated by Council, may issue a

development permit for any use in a DC District and impose such conditions as it

considers appropriate.

(b) In addition to the noted ‘Development Permit Conditions’ (Section 2.17), the

Development Officer may, where delegated authority by Council, impose such conditions

as they deem appropriate in alignment with the regulations under ‘Development Permit

Conditions For A Discretionary Use’ (Section 2.18).

City of St. Albert

Draft Land Use Bylaw

6.6 LDR – LOW DENSITY RESIDENTIAL DISTRICT

(a) APPLICATION

This section applies to the areas designated as Low Density Residential (LDR) on the

Land Use District Map, Schedule A, of this Bylaw. Additional requirements are outlined in

the Established Neighbourhood Overlay District, Schedule C, for development taking

place in established neighbourhoods outlined in Figure 30.

(b) PURPOSE

The purpose of the LDR District is to provide an area that allows for a range of low-density

housing options that meet the housing supply needs of St. Albert and are compatible with

the residential nature of the District.

PERMITTED USES

DISCRETIONARY USES

(a) Community Garden

(b) Dwelling (Townhousing – Plex)

(a) Dwelling (Duplex)

(b) Home-Based Business (Level Two)

(a) Dwelling (Semi-Detached)

(b) Public Utility Building

(a) Dwelling (Single-Detached)

(b) Residential Sales Centre

(a) Group Home

(b) Accessory Development to a discretionary

use, and decks that are greater than 1.50 m

above finished grade, and private pools

(a) Park

(a) Secondary Suite (Internal)

(a) Secondary Suite (Garage)

(a) Secondary Suite (Garden)

(a) Supportive Living Accommodation

(a) Accessory Development to a permitted

use, excluding decks that are greater than 1.50

m above finished grade, and private pools

(d) FLOOR AREA

The minimum gross floor area per principal dwelling unit is 75.00 m

, excluding the

area of an attached garage.

The area comprising gross floor area must be enclosed but does not require interior finishing.

(e) LOT WIDTH

The minimum lot width of an interior lot is:

• 10.0 0 m for a dwelling (single detached)

• 8.00 m for a dwelling unit of a dwelling (semi-detached); and

• 13.00 m for a dwelling (duplex)

The minimum lot width of a corner lot is:

• 13.00 m for a dwelling (single detached)

• 10.00 m for a dwelling unit of a dwelling (semi-detached); and

• 15.00 m for a dwelling (duplex) or dwelling (townhouse – plex).

Notwithstanding subsections (e)(i) and (e)(ii), refer to Section 4.40 ‘Lots less than

12.20 m Wide’, for additional regulations on lots less than 12.20 m in width.

City of St. Albert

Draft Land Use Bylaw

(f) LOT AREA

The maximum lot area is 2,000.00 m

(g) LOT COVERAGE

The maximum lot coverage for a dwelling (single detached) is 40% for the principal

building and garage, and 42% including accessory buildings.

The maximum lot coverage for a dwelling (duplex), dwelling (semi-detached), or

dwelling (townhouse – plex) is 47% for the principal building and garage, and 49%

including accessory buildings.

(h) BUILDING HEIGHT

The maximum building height is:

• 12.00 m for a walkout lot, or a structure with a drive-under garage, or roof

mounted solar panels; and

• 11.00 m in all other cases.

(i) ATTACHED GARAGE OR CARPORT

(i) An attached garage or carport must comply with the building setback

requirements that apply to the principal building.

(j) PRINCIPAL BUILDING SETBACKS

The minimum Front Yard Setback is 6.00 m.

Side Yard Setbacks shall be provided on each side or portion of a side of a

principal building as follows:

Lot Width

Building Side Yard

Setback

Walkout Basement Side

Yard Setback

≤12.50 m

1.25 m

>12.50 m

1.80 m

6.80 m

Notwithstanding subsection (j)(ii), a development without an attached garage must

have a minimum side yard building setback of 3.00 m on one side to provide

unobstructed vehicle access to the rear yard if there is no lane;

Notwithstanding subsection (j)(ii), on a corner lot, the side of the lot that adjoins a

flanking public roadway must have a minimum side yard building setback of:

• 4.00 m, or

• 6.00 m from the edge of the sidewalk nearest the property line, to the face of the

garage where a garage faces the flanking public roadway, excluding a lane; or

• 6.00 m from the closest edge of the roadway, where there is no sidewalk, to the

face of the garage, where a garage faces the flanking public roadway,

excluding a lane;

Notwithstanding subsection (j)(ii), A dwelling (semi-detached) may develop to a

0.00 m setback along the property line, common.

The minimum Rear Yard Setback is:

• 6.00 m if an attached garage or carport located on the lot;

• 4.50 m on a corner lot when the principal dwelling with an attached garage

faces the flanking public roadway;

• 10.00 m in all other cases.

City of St. Albert

Draft Land Use Bylaw

6.7 SLR – SMALL LOT RESIDENTIAL DISTRICT

(a) APPLICATION

This section applies to the District designated as Small Lot Residential (SLR) on the Land

Use District Map, Schedule A, of this Bylaw.

(b) PURPOSE

The purpose of the SLR District is to provide an area for a mix of single family and multiple

family dwellings, and other development compatible with supporting diverse streetscapes in

new neighbourhoods. Vehicular access shall be provided from the front or side of the lot.

PERMITTED USES

DISCRETIONARY USES

(i)

(a) Community Garden

(b) Home-Based Business (Level Two)

(ii)

(a) Dwelling (Duplex)

(b) Public Utility Building

(iii)

(a) Dwelling (Semi-Detached)

(b) Residential Sales Centre

(iv)

(a) Dwelling (Single-Detached)

(b) Accessory Development to a discretionary

use, and decks that are greater than 1.50 m

above finished grade, and private pools

(v)

(a) Group Home

(vi)

(a) Park

(vii)

(a) Secondary Suite (Internal)

(viii)

(a) Secondary Suite (Garage)

(ix)

(a) Secondary Suite (Garden)

(x)

(a) Supportive Living Accommodation

(xi)

(a) Accessory Development to a permitted

use, excluding decks that are greater than 1.50

m above finished grade, and private pools

(d) FLOOR AREA

The minimum gross floor area per principal dwelling unit is 75.00 m

, excluding the

area of an attached garage.

The area comprising the gross floor area must be enclosed but does not require

interior finishing.

(e) LOT WIDTH

The minimum lot width for a dwelling, (single-detached) is:

• 10.00 m on an interior lot; and

• 13.00 m on a corner lot.

The minimum lot width for a dwelling (duplex) is:

• 13.00 m on an interior lot; and

• 15.00 m on a corner lot.

The minimum lot width for dwelling (semi-detached) is:

• 8.00 m per dwelling unit on an interior lot; and

• 10.00 m per dwelling unit on a corner lot.

Notwithstanding subsections (e)(i), and (e)(iii), refer to refer to Section 4.40 ‘Lots less

than 12.20 m Wide’, for additional regulations on parcels less than 12.20 m in width.

City of St. Albert

Draft Land Use Bylaw

(f) LOT AREA

The maximum lot area is 1,000.00 m

for a dwelling (single-detached), dwelling

(semi-detached), and dwelling (duplex).

The maximum lot area is 1,300.00 m

for a supportive living accommodation.

(g) LOT COVERAGE

The maximum lot coverage for a dwelling (single-detached) is 40% for the principal

building and garage, and 42% including accessory buildings.

The maximum lot coverage for a dwelling (duplex), or dwelling (semi-detached) is

47% for the principal building and garage, and 49% including accessory buildings.

(h) BUILDING HEIGHT

The maximum building height of the principal building is:

• 12.00 m for a walkout lot, or a structure with a drive-under garage, or roof

mounted solar panels; and

• 11.00 m in all other cases.

(i) ATTACHED GARAGE OR CARPORT

An attached garage or carport must comply with the building setback requirements

that apply to the principal building.

(j) PRINCIPAL BUILDING SETBACK

The minimum front yard building setback is 6.00 m.

Side Yard Setbacks shall be provided on each side or portion of a side of a

principal building, as follows:

Lot Width

Building Side Yard

Setback

Walkout Basement

Side Yard Setback

≤12.50 m

1.25 m

>12.50 m

1.80 m

Notwithstanding subsection (j)(ii), a development without an attached garage, must

have a minimum side yard building setback of 3.00 m on one side to provide

unobstructed vehicle access to the rear yard.

Notwithstanding subsection (j)(ii), on a corner lot, the side of the lot that adjoins a

flanking public roadway must have a minimum side yard building setback of:

• 3.00 m, or

• 6.00 m from the edge of the sidewalk nearest the property line, to the face of the

garage where a garage faces the flanking public roadway, excluding a lane; or

• 6.00 m from the closest edge of the roadway, where there is no sidewalk, to the

face of the garage, where a garage faces the flanking public roadway,

excluding a lane.

Notwithstanding subsection (j)(ii), Dwelling (semi-detached) units, and any associated

decks, may develop to a 0.00 m setback along the property line, common.

The minimum Rear Yard Setback is:

• 6.00 m, if an attached garage or a carport is located on the lot; and

• 10.00 m in all other cases.

(k) DWELLING MIX

Any dwelling (single detached), or dwelling (semi-detached) located on a lot less

than 10.00 m in width must be located at least 90.00 m away from any lot that was

registered prior to February 5, 2018.

City of St. Albert

Draft Land Use Bylaw

6.8 LLR – LANED LOT RESIDENTIAL DISTRICT

(a) APPLICATION

This section applies to the areas designated as Laned Lot Residential (LLR) Distrtict on

the Land Use District Map, Schedule A, of this Bylaw.

(b) PURPOSE

The purpose of the LLR District is to provide an area for a mix of single family and multiple

family dwellings, and other development compatible with supporting diverse streetscapes

in new neighbourhoods. Vehicular access shall only be provided from a rear lane, to

maximize on-street parking. Some single-detached houses may be developed with a zero

lot-line to allow for increased density.

PERMITTED USES

DISCRETIONARY USES

(i)

(a) Community Garden

(b) Home-Based Business (Level Two)

(ii)

(a) Dwelling (Duplex)

(b) Public Utility Building

(iii)

(a) Dwelling (Semi-Detached)

(b) Residential Sales Centre

(iv)

(a) Dwelling (Single-Detached)

(b) Accessory Development to a discretionary

use, and decks that are greater than 1.50 m

above finished grade, and private pools

(v)

(a) Dwelling (Townhouse – Plex )

(vi)

(a) Dwelling (Townhouse – Single)

(vii)

(a) Group Home

(viii)

(a) Park

(ix)

(a) Secondary Suite (Garage)

(x)

(a) Secondary Suite (Internal)

(xi)

(a) Supportive Living Accommodation

(d) FLOOR AREA

The minimum gross floor area per principal dwelling unit is 75.00 m

, excluding the

area of an attached garage.

The area comprising the gross floor area must be enclosed but does not require

interior finishing.

(e) LOT WIDTH

The minimum lot width for a dwelling, (single-detached) is:

• 8.00 m on an interior lot;

• 8.25 m on an interior lot when placed next to a zero lot-line; and

• 9.75 m on a corner lot.

Notwithstanding subsection (e)(i), the minimum lot width for a dwelling (single-

detached) developed with a zero lot-line is:

• 7.00 m on an interior lot;

• 8.50 m on a corner lot, where there is no zero lot-line easement on the lot; and

• 10.00 m on a corner lot, where there is a zero lot-line easement on the lot.

City of St. Albert

Draft Land Use Bylaw

The minimum lot width for a dwelling (duplex) or dwelling (townhouse – plex) is:

• 13.00 m on an interior lot; and

• 15.00 m on a corner lot.

The minimum lot width for dwelling (semi-detached) is:

• 6.75 m per dwelling unit on an interior lot; and

• 7.00 m per dwelling unit on an interior lot when placed next to a zero lot-line;

and

• 8.50 m per dwelling unit on a corner lot.

Notwithstanding subsections (e)(i), (e)(ii), and (e)(iv), refer to Section 4.40 ‘Lots less

than 12.20 m Wide’, for additional regulations on lots less than 12.20 m in width.

(f) LOT AREA

The maximum lot area is 1,000.00 m

for a dwelling (single-detached), dwelling

(semi-detached), dwelling (duplex), and dwelling (townhouse – single).

The maximum lot area is 1,300.00 m

for a dwelling (townhouse – plex), and

supportive living accommodation.

(g) LOT COVERAGE

The maximum lot coverage for a dwelling (single detached):

• on a lot greater than 12.50 m wide, is 40% for the principal building and garage,

and 42% including accessory buildings;

• on a lot less than or equal to 12.50 m wide, is 45% for the principal building and

garage, and 47% including accessory buildings.

Notwithstanding subsection (g)(i), the maximum lot coverage for a dwelling (single

detached) developed with a zero lot-line, is 45% for the principal building and

garage, and 47% including accessory buildings.

The maximum lot coverage for a dwelling (duplex), or dwelling (semi-detached), or

dwelling (townhouse – plex) is 47% for the principal building and garage, and 49%

including accessory buildings.

For the maximum lot coverage for dwelling (townhouse – single) refer to Section

3.14 ‘Dwelling (Townhouse)’.

(h) BUILDING HEIGHT

The maximum building height of the principal building is:

• 12.00 m for a walkout lot, or a structure with a drive-under garage, or roof

mounted solar panels; and

• 11.00 m in all other cases.

(i) ATTACHED GARAGE OR CARPORT

(i) An attached garage or carport must comply with the building setback

requirements that apply to the principal building.

(j) PRINCIPAL BUILDING SETBACK

The minimum front yard setback is 4.50 m.

A side yard building setback shall be provided on each side or portion of a side of

a principal building, or on one side of a dwelling (single-detached) developed with

a zero lot-line, as follows:

City of St. Albert

Draft Land Use Bylaw

Lot Width

Building Side

Yard Setback

Walkout

Basement Side

Yard Setback

Zero Lot-Line

Side Yard

Setback

≤12.5 m

1.25 m

1.50 m

>12.5 m

1.80 m

1.50 m

notwithstanding subsection (j)(ii), on a corner lot, the side of the lot that adjoins a

flanking public roadway must have a minimum side yard building setback of

3.00 m;

notwithstanding subsection (j)(ii), Dwelling (semi-detached), and dwelling

(townhouse – single) units, and any associated decks, may develop to a 0.00 m

setback along the property line, common.

notwithstanding subsection (j)(ii), The minimum side yard setback for a dwelling

(townhouse – single) end unit, or a dwelling (townhouse – plex) is 1.80 m.

The minimum rear yard principal building setback is:

• 6.00 m, if an attached garage or a carport is located on the lot; and

• 10.00 m in all other cases.

(k) PARKING AND VEHICULAR ACCESS

Vehicular access shall only be provided from a lane and shall be hard surfaced.

If a garage is not constructed at the same time as the principal dwelling, a hard

surfaced parking pad shall be provided, which accommodates the on-site parking

requirements.

(l) DWELLING MIX

Townhousing dwellings shall not exceed 25% of the total number of dwellings on

lands governed by an ASP, ARP, Neighbourhood Plan, or Concept Plan.

Notwithstanding subsection (i), the dwelling mix may apply to an existing ASP, as long

as any dwelling (single-detached), dwelling (semi-detached), or dwelling (townhouse)

located on a lot less than 10.00 m in width is located at least 90.00 m away from any

lot within said neighbourhood that was registered prior to February 5, 2018.

(m) ZERO LOT-LINE

A dwelling (single-detached) developed with a zero lot-line shall only be permitted

where:

• all roof drainage from the dwelling, garage, and accessory buildings, shall be

directed away from buildings and towards a public roadway, including a lane, or

to a drainage swale;

• no roof leader discharge shall be directed to the maintenance easement;

the owner of a lot developed with a zero lot-line and the owner of an adjacent lot

shall register, against all titles at the time of subdivision, a minimum 1.50 m private

maintenance easement (shown in Figure 15 along the entire lot line utilizing the

0.00 m side yard setback that ensures:

• an unobstructed minimum 0.30 m wide drainage pathway to be free and clear

of all objects;

• a 0.30 m eave encroachment easement with the requirement that the eaves

shall not be closer than 0.90 m to the eaves on the adjacent building;

• a 0.60 m footing encroachment easement;

City of St. Albert

Draft Land Use Bylaw

• sufficient access for the owner’s or tenant’s maintenance of both properties;

• that the garage, parking area or driveway shall not encroach on the private

maintenance easement;

• no principal dwellings shall be placed within this area;

• no accessory structures, including air conditioning units, shall be placed within

this area;

• no trees or shrubs shall be placed within this area; and

• the easement shall be registered in perpetuity against the title of such lots.

a restrictive covenant and easement are registered at the time of subdivision that:

• requires a drainage swale constructed to Municipal Engineering Standards; and

• provides for the protection of drainage of the site, including the right for water to

flow across lots and the requirement not to inhibit the flow of water across lots.

a utility easement(s) is registered on all lots within a zero lot-line development,

including the adjacent lots, to ensure adequate access for utility maintenance,

when utilities cross over another titled lot;

each lot planned for zero lot-line development must be indicated on the tentative

plan of subdivision at the time of subdivision application; and

There shall be no architectural projections into the side yard for a dwelling (single-

detached) developed with a zero lot-line.

Figure 15: Zero Lot Line Development

City of St. Albert

Draft Land Use Bylaw

6.9 FBR – FRONT BACK RESIDENTIAL DISTRICT

(a) APPLICATION

This section applies to the areas designated as Front-Back Residential (FBR) District on

the Land Use District Map, Schedule A, of this Bylaw.

(b) PURPOSE

The purpose of the FBR District is to provide an area for a residential mix of small-scale

dwellings that enable quality streetscapes in new neighbourhoods. Vehicular access is

primarily provided from the rear lane, with limited allowance for front-back split access, to

maximize on-street parking.

PERMITTED USES

DISCRETIONARY USES

(i)

(a) Community Garden

(b) Home-Based Business (Level Two)

(ii)

(a) Dwelling (Duplex)

(b) Public Utility Building

(iii)

(a) Dwelling (Semi-Detached)

(b) Residential Sales Centre

(iv)

(a) Dwelling (Single-Detached)

(b) Accessory Development to a discretionary

use, and decks that are greater than 1.50 m

above finished grade, and private pools

(v)

(a) Group Home

(vi)

(a) Park

(vii)

(a) Secondary Suite (Garage)

(viii)

(a) Secondary Suite (Garden)

(ix)

(a) Secondary Suite (Internal)

(x)

(a) Supportive Living Accommodation

(xi)

(a) Accessory Development to a permitted use,

excluding decks that are greater than 1.50 m

above finished grade, and private pools

(d) FLOOR AREA

The minimum gross floor area per principal dwelling unit is 75.00 m

, excluding the

area of an attached garage.

The area comprising the gross floor area must be enclosed, but does not require

interior finishing.

(e) LOT WIDTH

The minimum lot width for a dwelling (single-detached) is:

• 8.00 m on an interior lot; and

• 9.75 m on a corner lot.

The minimum lot width for a dwelling, duplex is:

• 13.00 m on an interior lot; and

• 15.00 m on a corner lot.

The minimum lot width for a dwelling (semi-detached) is:

• 6.75 m per dwelling unit on an interior lot with laned vehicular access;

• 8.00 m per dwelling unit on an interior lot with front vehicular access;

City of St. Albert

Draft Land Use Bylaw

• 8.50 m per dwelling unit on a corner lot with laned vehicular access; and

• 9.75 m per dwelling unit on a corner lot with front vehicular access.

Notwithstanding subsections (e)(1) and (e)(iii), refer to Section 4.40 ‘Lots less than

12.20 m Wide’, for additional regulations on lots less than 12.20 m in width.

(f) LOT AREA

The maximum lot area is 1,000.00 m

for a dwelling (single-detached), dwelling

(semi-detached), and dwelling (duplex).

The maximum lot area is 1,300.00 m

for supportive living accommodation.

(g) LOT COVERAGE

The maximum lot coverage for a dwelling (single-detached) is 40% for the principal

building and garage, and 42% including accessory buildings.

The maximum lot coverage for a dwelling (duplex), or dwelling (semi-detached) is

47% for the principal building and garage, and 49% including accessory buildings.

(h) BUILDING HEIGHT

The maximum building height of the principal building is:

• 12.00 m for a walkout lot, or a structure with a drive-under garage, or roof

mounted solar panels; and

• 11.00 m in all other cases.

(i) ATTACHED GARAGE OR CARPORT

An attached garage or carport must comply with the building setback requirements

that apply to the principal building.

(j) BUILDING SETBACK

The minimum front yard building setback for a dwelling with a front attached

garage or front vehicle access is 6.00 m.

Notwithstanding (j)(i), the minimum front yard building setback in all other cases is

4.50 m.

A side yard building setback shall be provided on each side or portion of a side of

a principal building as follows:

Lot Width

Building Side Yard

Setback

Walkout Basement Side

Yard Setback

≤12.5 m

1.25 m

>12.5 m

1.80 m

6.10 m

Notwithstanding subsection (j)(iii), on a corner lot, the side of the lot that adjoins a

flanking public roadway must have a minimum side yard building setback of:

• 3.00 m; or

• 6.00 m from the edge of the sidewalk nearest the property line, to the face of the

garage where a garage faces the flanking public roadway, excluding a lane; or

• 6.00 m from the closest edge of the roadway, where there is no sidewalk, to the face of

the garage, where a garage faces the flanking public roadway, excluding a lane;

Notwithstanding subsection (j)(iii), Dwelling (semi-detached) units, and any associated

decks, may develop to a 0.00 m setback along the property line, common.

The minimum rear yard principal building setback is:

City of St. Albert

Draft Land Use Bylaw

• 6.00 m, if an attached garage or a carport is located on the lot; and

• 10.00 m in all other cases.

(k) PARKING AND VEHICULAR ACCESS

One vehicular access per lot shall be permitted for a dwelling (single-detached) or

a dwelling (semi-detached).

For a dwelling (duplex), each primary dwelling unit shall be permitted one vehicular

access.

Vehicular access may either be provided from a lane, or a public road, and shall

be hard surfaced.

For a dwelling (single-detached), vehicular access shall be provided from a lane.

For a dwelling (semi-detached), vehicular access for one dwelling unit shall be

provided from a rear lane, and vehicular access for the second dwelling unit may

be provided from a public road where:

• vehicular access shall be grouped so that dwellings with rear detached garages

are situated adjacent to each other, and dwellings with front attached garages

are situated adjacent to each other, in pairs, as shown in Figure #.

• a principal building with a rear detached garage shall be placed at the ends of

blocks, as shown in Figure #.

• up to four mid-block transition lots are permitted per block where garages are

not grouped, as shown in Figure #.

For a dwelling (duplex), vehicular access for one dwelling unit shall be provided

from a rear lane, and vehicular access for the second dwelling unit may be

provided from a public road where:

• vehicular access shall be grouped so that dwellings with rear detached garages

are situated adjacent to each other, and dwellings with front attached garages

are situated adjacent to each other, in pairs, as shown in #.

• a principal building with rear detached garage shall be placed at the ends of

blocks, as shown in Figure #.

• up to two mid-block transition lots are permitted per block where garages are

not grouped, as shown in Figure #.

Access to a triple width vehicle garage or larger shall be provided from a lane.

If a garage is not constructed at the same time as the principal dwelling, a two-

vehicle hard surfaced parking pad shall be provided on-site and shall have

vehicular access provided from a lane.

The vehicular access for each parcel must be indicated on the tentative plan of

subdivision at the time of subdivision application.

(l) PEDESTRIAN ACCESS

Primary pedestrian access to the principal building shall not be provided from a lane.

City of St. Albert

Draft Land Use Bylaw

Figure 16: Grouping of Vehicular Access

on Adjacent Lots for a Block of Dwelling (Semi-Detached)

City of St. Albert

Draft Land Use Bylaw

Figure 17: Grouping of Vehicular Access on Adjacent Lots

for a Block of Dwelling (Duplex)

City of St. Albert

Draft Land Use Bylaw

6.10 MDR – MEDIUM DENSITY RESIDENTIAL DISTRICT

(a) APPLICATION

This section applies to the areas designated as Medium Density Residential (MDR) District

on the Land Use District Map, Schedule A, of this Bylaw.

(b) PURPOSE

The purpose of the MDR District is to provide an area that allows for a range of medium

density housing options that meet the housing supply needs of St. Albert and are

compatible with the residential nature of the District.

PERMITTED USES

DISCRETIONARY USES

(a) Community Garden

(b) Dwelling (Semi-Detached) on the

grandfathered lands identified on Figure 18.

(a) Dwelling (Apartment)

(b) Home-Based Business (Level Two)

(a) Dwelling (Townhouse – Complex)

(b) Public Utility Building

(a) Dwelling (Townhouse – Hybrid)

(b) Residential Sales Centre

(a) Dwelling (Townhouse – Plex)

(b) Day Care Facility, if it is accessory to a

dwelling (apartment) and integrated within

the lower level(s) of the building

(a) Group Home

(b) Accessory Development to a

discretionary use, and decks that are

greater than 1.50 m above finished grade,

and private pools

(a) Park

(a) Supportive Living Accommodation

(a) For a dwelling (townhouse) only,

accessory development, excluding decks

that are greater than 1.50 m above finished

grade, and private pools

(d) LOT AREA

The minimum lot area is 0.075 ha excluding a dwelling (townhouse – plex).

(e) LOT FRONTAGE

The minimum lot frontage is 25.00 m excluding a dwelling (townhouse – plex).

(f) LOT WIDTH

The minimum lot width of an interior lot is 13.00 m for a dwelling (townhouse – plex).

The minimum lot width of a corner lot is 15.00 m for a dwelling (townhouse – plex).

(g) LOT COVERAGE

The maximum lot coverage for a dwelling (townhouse – plex) is 47% for the principal

building and garage, and 49% including accessory buildings.

City of St. Albert

Draft Land Use Bylaw

(h) SITE DENSITY

The minimum site density for the site is 40 dwelling units per net hectare and

cannot exceed a maximum of 100 dwelling units per net hectare.

Notwithstanding subsection (h)(i), a development shall meet the density target of

the MDP, an ASP, ARP, Neighbourhood Plan, or Concept Plan.

For the purpose of calculating the site area, 27.50 m

may be added to the lot area

for every parking stall which is constructed underground or under a dwelling at

finished grade if the Development Officer considers this to be appropriate given

site constraints.

(i) SITE DENSITY BONUS

Notwithstanding subsection (h), the maximum site density may be increased up to 125

dwelling units per net hectare if:

a minimum of 70% of required parking stalls are provided under a dwelling at

finished grade, in an underground parking structure, or within a parking structure

integrated within the building including high quality exterior finishing that matches

or complements the principal building exterior, where site design permits; and

in the opinion of the Development Officer, at least one of the following site

improvements are provided:

• wider sidewalks or walkways internal to the site, together with street furniture to

the satisfaction of the Development Officer;

• enhanced landscaping;

• landscaping that is drought tolerant, reducing the need for irrigation;

• green building products or technologies that reduce the carbon footprint, or

increase energy efficiency;

• incorporate barrier free design into dwelling units, and the exterior feature of the

site; or

• indoor or outdoor common amenity area, in addition to the minimum required

common and private amenity area when:

A. provided at a ratio of 1.50 m

per dwelling unit;

B. grouped into areas of not less than 30.00 m

; and

C. not located in any required setback.

(j) BUILDING HEIGHT

The maximum building height of a principal building is 18.00 m.

(k) BUILDING SETBACKS

Apartment

• The minimum front yard building setback is 6.00 m.

• The minimum side yard building setback is 3.00 m plus an additional 1.00 m for

each metre or portion thereof in height that the building exceeds 9.00 m from

finished grade to a maximum side yard setback of 6.00 m.

• If a lot is not serviced by a rear access lane, at least 1.00 side yard must have a

minimum building setback of 3.50 m to provide unobstructed vehicle access to

the rear yard.

• The minimum rear yard building setback is 7.50 m.

Townhousing

City of St. Albert

Draft Land Use Bylaw

• For the minimum building setback for a dwelling (townhouse – complex),

dwelling (townhouse – hybrid), or dwelling (townhouse – plex) refer to Section

3.14 ‘Dwelling (Townhouse)’.

Other

• The minimum building setback for an accessory building is 3.00 m.

• Unless otherwise specified in this Bylaw, a discretionary use listed in

subsection (3) must be set back from any property line as required by the

Development Officer.

• A Public Utility Building must have a minimum setback from any property line as

determined by the Development Officer.

(l) ATTACHED GARAGE OR CARPORT

An attached garage or carport must comply with the building setback and separation

distance requirements that apply to the principal building.

(m) PARKING AND VEHICULAR ACCESS

Driveways and vehicular access for a dwelling (townhouse – complex), dwelling

(townhouse – plex), or dwelling (townhouse – hybrid) shall only be provided from a

lane or common internal roadway.

Surface parking must not encroach into any required front yard setback.

Surface parking must not encroach into any required perimeter landscape area, or

landscape buffer.

(n) DWELLING (SEMI-DETACHED)

The floor area, lot coverage, building height and setbacks of a dwelling (semi-

detached) identified on Figure 18, shall comply requirements within the LDR District.

Figure 18: Grandfathered Sites for Dwelling (Semi-Detached)

City of St. Albert

Draft Land Use Bylaw

6.11 HDR – HIGH DENSITY RESIDENTIAL DISTRICT

(a) APPLICATION

This section applies to the areas designated as High Density Residential (HDR) District on

the Land Use District Map, Schedule A, of this Bylaw.

(b) PURPOSE

The purpose of the HDR District is to provide an area that allows for a range of high-

density housing options that meet the housing supply needs of St. Albert and are

compatible with the residential nature of the District.

PERMITTED USES

DISCRETIONARY USES

(i)

(a) Community Garden

(b) Home-Based Business (Level Two)

(ii)

(a) Dwelling (Apartment)

(b) Public Utility Building

(iii)

(a) Dwelling unit above a non-residential

use

(b) Residential Sales Centre

(iv)

(a) Group Home

(b) the following use if it is accessory to a

dwelling (apartment)and integrated within

the lower level(s) of the building:

(i) Art Gallery/Studio

(ii) Day Care Facility

(iii) Establishment (Restaurant)

(iv) Health Service

(v) Personal Service

(vi) Retail (General)

(v)

(a) Park

(b) Accessory Development to a permitted

or discretionary use

(vi)

(a) Supportive Living Accommodation

(d) LOT AREA

The minimum lot area is 0.075 ha.

(e) LOT FRONTAGE

The minimum lot frontage is 25.00 m.

(f) SITE DENSITY

The minimum site density for the site is 100 dwelling units per net hectare and

cannot exceed a maximum of 140 dwelling units per net hectare.

Notwithstanding subsection (f)(i), a development shall meet the density target of

the MDP, an ASP, ARP, Neighbourhood Plan, or Concept Plan.

For the purpose of calculating the site area, 27.50 m

may be added to the lot area

for every parking stall which is constructed underground or under a dwelling at

finished grade if the Development Officer considers this to be appropriate given

site constraints.

Notwithstanding subsection (f)(i) through (f)(iii) the maximum density cannot

exceed 200 dwelling units per net residential hectare for the property legally

100

City of St. Albert

Draft Land Use Bylaw

described as Lot 1, Block 1B, Descriptive Plan 142 3673(including any future

revisions to this legal land description based on a subdivision or condominium

plan) and the density shall be in the same location as the maximum building

heights shown in Schedule D – Map 3.

(g) SITE DENSITY BONUS

Notwithstanding subsection (f), the maximum site density may exceed 140 dwelling units

per net hectare if:

a minimum of 70% of required parking stalls are provided in an underground

parking structure, or within a parking structure integrated within the building

including high quality exterior finishing that matches or complements the principal

building exterior; and

in the opinion of the Development Officer, at least two of the following site

improvements are provided:

• wider sidewalks or walkways internal to the site, together with street furniture to

the satisfaction of the Development Officer;

• enhanced landscaping;

• landscaping that is drought tolerant, reducing the need for irrigation;

• green building products or technologies that reduce the carbon footprint, or

increase energy efficiency;

• incorporate barrier free design into dwelling units, and the exterior feature of the

site;

• indoor or outdoor common amenity area, in addition to the minimum required

common and private amenity area when:

A. provided at a ratio of 1.50 m

per dwelling unit;

B. grouped into areas of not less than 30.00 m

; and

C. not located in any required setback.

(h) SITE DESIGN STANDARDS

For any development that contains a building in excess of 20.00 m in height, or

densities greater than 140 dwelling units per net hectare, or sites greater than

1.50 ha, the Development Officer may impose any of the following requirements:

• non-residential land uses located on the lower level(s);

• a distinct building base or podium, with a 3.00 m minimum step back provided

for upper floors, measured from the building face of the lower storeys, with

consideration for the transitions between adjacent building designs and heights;

• orientation of the building to face the public roadway with a reduced front yard

setback to create a continuous ground level street front;

• highly visible direct entrances to ground floor commercial uses to help promote

a pedestrian oriented streetscape and commercial activity adjacent to the street

and sidewalk;

• accessible transit shelters together with convenient, barrier-free pedestrian

connections between transit zones and the development; or

• an outdoor common amenity area of not less than 90.00 m

for building residents.

(i) BUILDING HEIGHT

The maximum building height of a principal building is 25.00 m.

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Notwithstanding subsection (i)(i)), at the discretion of the Development Officer the

maximum building height may be increased up to 35.00 m subject to the provisions

of this District.

Notwithstanding subsections (i)(i) and (i)(ii) the maximum building heights shown

in Schedule D – Map 3 for this bylaw shall apply to the property legally described

as Lot 1, Block 1B, Descriptive Plan 142 3673 including any future revisions to this

legal land description based on a subdivision or condominium plan”.

(j) BUILDING FRONTAGE

For a ground floor non-residential use, the ground floor frontage shall be divided

into horizontal units to a maximum width of 15.00 m.

Notwithstanding subsection (j)(i), the Development Officer may permit a ground

floor unit frontage greater than 15.00 m if the façade is:

• designed to maintain the continuity of the streetscape; and

• creates the appearance of a series of smaller units.

A building must provide a public pedestrian walkthrough or frontage break along

the ground floor, after each building length of no more than 90.00 m.

(k) BUILDING SETBACK

The minimum front yard building setback is 6.00 m.

The minimum side yard building setback is 5.00 m, unless otherwise determined

by the Development Officer taking into account adjacent uses and on-site

constraints.

The minimum rear yard building setback is 7.50 m.

For developments subject to the site density bonus of this District, the

Development Officer may determine the minimum building setbacks taking into

account adjacent uses.

the minimum building setback for an accessory building is 3.00 m.

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6.12 MU1 – MIXED-USE LEVEL 1 DISTRICT

(a) APPLICATION

This section applies to the areas designated as Mixed-Use Level 1 (MU1) District on the

Land Use District Map, Schedule A, of this Bylaw.

(b) PURPOSE

The purpose of the MU1 District is to allow suburban mixed-use development that

provides access to compact, pedestrian-friendly sites, and a variety of commercial,

institutional, and residential uses. This District allows medium-density built forms where

multiple-unit dwellings can be arranged side-by-side or stacked, while permitting lower

storey non-residential uses. This District promotes a range of small-scale commercial uses

that support the day-to-day needs of residents and the surrounding area.

PERMITTED USES

DISCRETIONARY USES

(a) Art Gallery/Studio

(b) Animal Health without outdoor

kennels, pens, runs, or other similar

enclosures

(a) Catering Service, which uses up to 3

vehicles

(b) Animal Service without outdoor kennels,

pens, runs, or other similar enclosures

(a) Community Garden

(b) Broadcasting Studio

(a) Dwelling (Apartment)

(b) Conference and Banquet Facility

(a) Dwelling (Townhouse – Complex)

(b) Day Care Facility

(a) Dwelling (Townhouse – Hybrid)

(b) Equipment Service

(a) Dwelling unit above a non-residential use

(b) Establishment (Brew Pub)

(a) Establishment (Restaurant)

(b) Establishment (Drinking)

(a) Government Service

(b) Establishment (Entertainment)

(a) Group Home

(b) Home-based Business (Level Two)

(a) Health Service

(b) Hotel

(a) Live/Work Unit

(b) Parking Structure

(a) Personal Service

(b) Public Utility Building

(a) Professional Office

(b) Recreation (Indoor)

(a) Residential Sales Centre

(b) Recreation (Outdoor)

(a) Retail (General)

(b) Religious Assembly

(a) School (Commercial)

(b) Retail (Cannabis)

(a) School (Post Secondary)

(b) Accessory Development to a

permitted or discretionary use

(a) Shopping Centre

(a) Supportive Living Accommodation

(d) APPLICATION REQUIREMENTS

In addition to the plans and information required under Section 2.4, an applicant for a

development permit within a MU1 District must submit, to the satisfaction of the

Development Officer:

an overall conceptual site development plan for the area designated as MU1 or, if the

applicant is only developing a portion of the subject area, a site development plan in

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relation to the portion to be developed, in which plan the applicant has illustrated how

the development will be integrated within the area designated as MU1;

a traffic impact assessment that demonstrates that traffic impacts are compatible

with the purpose of the MU1 District and do not prejudice safety and traffic

movements within the area designated as MU1 or on adjacent public roadways;

details regarding the architectural theme for a development, including design

drawings illustrating the colour scheme, building materials, and any architectural

guidelines proposed for the development;

(e) PERFORMANCE STANDARDS

All applications shall be considered with regard to the following Performance Standards:

How site design contributes to streetscape and the surrounding area;

Appropriate location of uses to support active streetscapes and fit within the area;

High quality building design integrated with streetscape and surrounding buildings;

Pedestrian orientation; and

Well-designed amenity areas.

(f) LOT FRONTAGE

The minimum lot frontage is 25.00 m.

(g) SITE DENSITY

The minimum dwelling unit density for a residential use must be at least 40 dwelling

units per hectare and cannot exceed a maximum of 100 dwelling units per hectare.

Notwithstanding subsection (g)(i), a development shall meet the density target of

the MDP, an ASP, ARP, Neighbourhood Plan, or Concept Plan.

(h) SITE DENSITY BONUS

Notwithstanding subsection (g), the maximum site density may be increased up to 125

dwelling units per hectare if, in the opinion of the Development Officer, given site

constraints, the following criteria related to higher quality site design, energy efficiency,

sustainable building features or aesthetics are provided:

a minimum of 70% of required parking stalls are provided underground, or within a

parking structure integrated within the building including high quality exterior

finishing that matches or complements the principal building exterior, to the

satisfaction of the Development Officer; and

in the opinion of the Development Officer, at least two of the following site

improvements are provided:

wider sidewalks or walkways internal to the site, together with street furniture to

the satisfaction of the Development Officer;

enhanced landscaping;

landscaping that is drought tolerant, reducing the need for irrigation;

green building products or technologies that reduce the carbon footprint, or increase

energy efficiency;

incorporate barrier free design into dwelling units, and the exterior feature of the site; or

indoor or outdoor amenity area (common), in addition to the minimum required

common and private amenity area when:

• provided at a ratio of 1.50 m

per dwelling unit;

• grouped into areas of not less than 30.00 m

; and

• not located in any required setback.

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(i) BUILDING HEIGHT

The maximum building height is 22.00 m.

Notwithstanding subsection (i)(i), at the discretion of the Development Officer the

maximum building height may be increased up to 35.00 m subject to the provisions

of this District.

(j) BUILDING FRONTAGE

For a ground floor non-residential use, the ground floor frontage shall be divided

into horizontal units to a maximum width of 15.00 m.

Notwithstanding subsection (j)(i), the Development Officer may permit a ground

floor unit frontage greater than 15.00 m if the façade is:

• designed to maintain the continuity of the streetscape; and

• creates the appearance of a series of smaller units.

A building must provide a public pedestrian walkthrough or frontage break along

the ground floor, after each building length of no more than 90.00 m.

(k) BUILDING SETBACK <15.00 IN HEIGHT

For a Non-Residential Use, Apartment, or Dwelling Unit above a Non-Residential Use

Equal to or Less Than 15.00 m in Height:

The minimum front yard building setback is 6.00 m .

Notwithstanding subsection (k)(i) a front yard building setback may be reduced to

3.50 m when the space between the building and the lot line is used for

landscaping or pedestrian features such as sidewalks, plazas, and publicly

accessible amenity areas and is not used for parking .

The minimum side yard building setback is:

• 2.50 m for a development adjacent to a non-residential use or District;

• 6.00 m for a development adjacent to a residential use or District.

Notwithstanding subsection (k)(iii), a 0.00 m side yard building setback may be

approved, when traffic circulation or deliveries would not be adversely affected.

The minimum rear yard building setback is:

• 3.50 m for developments adjacent to a non-residential use or District;

• 6.00 m for developments adjacent to a residential use or District.

(l) BUILDING SETBACK >15.00 IN HEIGHT

For a Non-Residential Use, Apartment, or Dwelling Unit above a Non-Residential Use

Greater than 15.00 m in height”

The minimum front yard building setback is 6.00 m.

The minimum side yard building setback is 5.00 m, unless otherwise determined by

the Development Officer, taking into account adjacent uses and on-site constraints.

The minimum rear yard building setback is 6.00 m, unless otherwise determined by

the Development Officer, taking into account adjacent uses and on-site constraints.

(m) ACCESSORY BUILDING SETBACK

The minimum setback for an accessory building is 3.00 m.

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(n) DESIGN, CHARACTER AND APPEARANCE

In addition to the requirements of in Section 4.10 ‘Building Design, Character and

Appearance’, the Development Officer may require that a building or buildings be

designed and finished with one or more of the following:

Design techniques including but not limited to, the use of variations in building

setbacks, and articulation of building façades in order to create architectural

interest, and minimize the perceived mass and linearity of buildings;

Establishment of a common architectural theme for a development including

principal design elements, finishing materials, colours and roof style; and

Use of high-quality materials on the exterior including brick, brick veneer, natural

stone, cementitious boards or panels, glass, metal accents, or other high-quality

finish acceptable to the Development Officer.

(o) BUILDING DESIGN

The Development Officer may require that a building be designed with a podium,

as follows:

• Provide a minimum 7.50 m high podium, but no podium shall exceed 15.00 m in

height; and

• Provide a minimum front step back from the podium of 3.00 m, as measured

from the building frontage of the lower storeys.

Additional step backs may be required at higher storeys for the building, if, in the

opinion of the Development Officer, it is necessary to mitigate the building scale, or

wind, sun, or shadow impacts.

(p) FLOOR AREA

Non-residential uses on a ground floor are limited to a maximum floor area of

1,000.00 m

per unit.

Notwithstanding subsection (p)(i) additional floor area is permitted when the unit

extends to floors above the ground floor, or gives the appearance of a series of

smaller units, as per subsection (j).

(q) NON-RESIDENTIAL DEVELOPMENT

A minimum of 30.00% of the gross floor area of a ground floor of a mixed-use

building must contain non-residential uses.

A minimum of 8.00% of the total gross floor area shall be used for non-residential

purposes. In determining this calculation, the Development Officer may consider

the total non-residential site area for all buildings on multiple sites that comprise an

integrated, mixed-use development.

All single use, non-residential buildings shall have a maximum footprint of

1,000.00 m

, and shall have a total gross floor area of less than 4,000.00 m

(r) RESIDENTIAL DEVELOPMENT

All dwelling (townhouse – complex), or dwelling (townhouse – hybrid)

developments in a MU1 District must comply with the following requirements for

development in Section 3.14 ‘Dwelling (Townhouse)’ or the MDR District:

• lot width;

• lot depth;

• lot coverage;

• building separation distance;

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• amenity area (private);

• amenity area (common);

• vehicular access;

• setbacks;

• landscaping;

• building height;

• lot area;

• lot frontage; and

• density.

(s) OVERHEAD WEATHER PROTECTION

In addition to the regulations in Section 4.16 ‘Overhead Weather Protection’:

All non-residential development located on the ground floor must provide

continuous overhead weather protection for pedestrians for the entire building

frontage adjoining a sidewalk.

A dwelling (apartment), supportive living accommodation, or a dwelling unit above

a non-residential use, must provide continuous overhead weather protection for

pedestrians at lobbies, or unit entrances at grade.

Overhead weather protection must:

• project a minimum of 1.00 m from the building face; and

• have a vertical clearance of at least 2.50 m and at most 4.00 m above the sidewalk.

(t) VEHICLE AND PEDESTRIAN CIRCULATION

In addition to the requirements of Sections 6.10 and 6.27 of this Bylaw, the following applies:

In making a determination about the design of on-site motor vehicle and

pedestrian circulation within the MU1 District, the Development Officer must

ensure that motor vehicle and pedestrian routes are located and designed in a

manner that provides a clearly defined, safe, efficient and convenient circulation

pattern for both vehicles and pedestrians, including barrier-free routes. Loading

bays must be located in such a manner as not to impede the safe and efficient flow

of traffic and pedestrian movement and minimize impacts on adjacent land uses.

In addition to Section 9.9 of this Bylaw, the Development Officer may impose

whatever conditions the Development Officer considers necessary in order to

require that the applicant:

provide connections to parking areas, and to public rights-of way adjoining a

development for access to transit, services and amenities;

provide pedestrian access to ensure a development is integrated with a

surrounding area;

provide pedestrian walkways along storefronts which have doors or similar

openings;

separate pedestrian movements and motor vehicle traffic by delineating

crosswalks with special paving or, where possible, raising crosswalks; and

construct and maintain the pedestrian walkways for use by the public.

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6.13 MU2 – MIXED-USE LEVEL 2 DISTRICT

(a) APPLICATION

This section applies to the areas designated as Mixed-Use Level 2 (MU2) District on the

Land Use District Map, Schedule A, of this Bylaw.

(b) PURPOSE

The purpose of the MU2 District is to provide for a mixture of commercial, institutional, and

medium to high density residential land uses. Such areas should be compact, attractive,

pedestrian-friendly, and reasonably compatible with surrounding developments.

Development within this District should provide a variety of housing options, the provision

of commercial and residential uses within the same structure, and an appropriate ratio of

non-residential uses to create a community where residents can live and work.

PERMITTED USES

DISCRETIONARY USES

(a) Art Gallery/Studio

(b) Animal Health without outdoor kennels,

pens, runs, or other similar enclosures

(a) Catering Service which uses up to 3

vehicles

(b) Broadcasting Studio

(a) Dwelling (Apartment)

(b) Community Garden

(a) Dwelling (Townhouse – Complex)

(b) Conference and Banquet Facility

(a) Dwelling (Townhouse – Hybrid)

(b) Day Care Facility

(a) Dwelling unit above a non-residential use

(b) Equipment Service

(a) Establishment (Restaurant)

(b) Establishment (Brew Pub)

(a) Government Service

(b) Establishment (Drinking)

(a) Group Home

(b) Establishment (Entertainment)

(a) Health Service

(b) Home-Based Business (Level Two)

(a) Live/Work Unit

(b) Hotel

(a) Personal Service

(b) Parking Structure

(a) Professional Office

(b) Religious Assembly

(a) Recreation (Indoor)

(b) Retail (Cannabis)

(a) Residential Sales Centre

(b) School (Commercial)

(a) Retail (General)

(b) Accessory Development to a permitted

or discretionary use

(a) School (Post-Secondary)

(a) Shopping Centre

(a) Supportive Living Accommodation

In addition to the plans and information required under Section 2.4, an applicant for a

development permit within a MU2 District must submit, to the satisfaction of the

Development Officer:

an overall conceptual site development plan for the area designated as MU2 or, if the

applicant is only developing a portion of the subject area, a site development plan in

relation to the portion to be developed, in which plan the applicant has illustrated how

the development will be integrated within the area designated as MU2;

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a traffic impact assessment that demonstrates that traffic impacts are compatible

with the purpose of the MU2 District and do not prejudice safety and traffic

movements within the area designated as MU2 or on adjacent public roadways;

details regarding the architectural theme for a development, including design

drawings illustrating the colour scheme, building materials, and any architectural

guidelines proposed for the development;

a building height impact assessment for any building greater than 15.00 m in

building height, demonstrating to the satisfaction of the Development Officer that

the impact on adjacent buildings or adjacent property has been minimized; and

notwithstanding Section 2.5 ‘Height Impact Assessment and Sun Shadow Study’,

a sun shadow study is required for any building greater than 15.00 m in height.

(d) EXTERNAL URBAN DESIGN REVIEW

An External Urban Design Review is required for any development that:

• has a total building footprint greater than 2,500.00 m

;

• is located on a Landmark Site identified in Schedule D;

• is greater than 25.00 m in height; or

• in the opinion of the Development Officer is deemed to have significant impact

on the subject area’s urban design.

This review will result in an Urban Design Review Recommendations Report from

a City-designated reviewer. This Urban Design Review Recommendations Report

is a requirement of the development permit application and will include

recommendations from the reviewer that may range from acknowledgement of

positive design qualities of the proposal to suggestions for a design that better

complies with the City’s policies and plans.

Applicants are expected to consider and implement, wherever possible, any

recommendations of the Urban Design Review Recommendations Report into the

final application.

(e) PERFORMANCE STANDARDS

In addition to the Urban Design Review Recommendations Report, all applications shall

be considered with regard to the following Performance Standards:

How site design contributes to streetscape and the surrounding area;

Appropriate location of uses to support active streetscapes and fit within the area;

High quality building design integrated with streetscape and surrounding buildings;

Pedestrian orientation; and

Well-designed amenity areas.

(f) FLOOR AREA

The maximum gross floor area for any building is 3.21 times the site area. In

determining this calculation, the Development Officer may consider the total site

area for multiple sites that comprise an integrated, mixed-use development

inclusive of public roadways conveyed to the City;

a minimum of 25.00% of the total gross floor area shall be used for commercial

(non-residential) purposes. In determining this calculation, the Development

Officer may consider the total commercial gross floor area for all buildings on

multiple sites that comprise an integrated, mixed-use development.

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Notwithstanding subsection (f)(i), a minimum of 11.60% of the total gross floor area

shall be used for commercial (non-residential) purposes for the following properties:

• Units 1-321, Plan 162 4279 (5 St. Louis Street);

• Units 1-172, Plan 162 4296 (1 Goodman Drive); and

• Lot 69, Block 1, Plan 152 4029 (22 Sir Winston Churchill Avenue);

including any future revisions to these legal descriptions based on a subdivision or

condominium plan.

Notwithstanding subsection (f)(i) and (f)(ii), for Lot 9, Block 1, Plan 232 0303 (230

Bellerose Drive), the:

• maximum gross floor area for any building is 1.9 times the site area, and

• a minimum of 5.00% of the total gross floor area shall be used for commercial

(non-residential) purposes

including any future revisions to this legal description based on a subdivision or

condominium plan;

(g) BUILDING HEIGHT

The maximum building height is 25.00 m.

Notwithstanding subsection (g)(i), the maximum building heights apply to the

following properties:

• Units 1-321, Plan 162 4279 (5 St. Louis Street);

• Units 1-172, Plan 162 4296 (1 Goodman Drive); and

• Lot 69, Block 1, Plan 152 4029 (22 Sir Winston Churchill Avenue);

• including any future revisions to these legal descriptions based on a subdivision

or condominium plan.

Notwithstanding subsections (g)(i), the maximum building heights shown apply to

the following properties:

• Lot 9, Block 1, Plan 232 0303 (230 Bellerose Drive);

• including any future revisions to these legal descriptions based on a subdivision

or condominium plan.

(h) BUILDING SETBACK

The minimum building setbacks shall be provided as follows:

the front and rear yard building setback shall be determined by the Development

Officer with regard to adjacent uses, urban design considerations, on-site

constraints, or comparable Districts;

the minimum side yard building setback is 5.00 m, unless otherwise determined by

the Development Officer taking into account adjacent uses, urban design

considerations, on-site constraints, or comparable Districts;

the minimum setback for an accessory building is 3.00 m.

(i) DESIGN, CHARACTER, AND APPEARANCE

In addition to the requirements of in Section 4.10 ‘Building Design, Character and

Appearance’, the Development Officer may require that a building or buildings be designed

and finished with one or more of the following:

Design techniques including but not limited to, the use of variations in building

setbacks, and articulation of building façades in order to create architectural

interest, and minimize the perceived mass and linearity of buildings;

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Establishment of a common architectural theme for a development including

principal design elements, finishing materials, colours and roof style;

Use of high-quality materials on the exterior including brick, brick veneer, natural

stone, cementitious boards or panels, glass, metal accents, or other high-quality

finish acceptable to the Development Officer;

Use of a step back after 7.50 m or greater in height along a façade facing a public

roadway; and

Use of clear glazing on the ground floor to facilitate pedestrian interaction and safety.

(j) RESIDENTIAL DEVELOPMENT

Residential development must:

provide an amenity area (private) as required in Section 3.3;

not be located below any storey used for commercial purposes within a mixed-use

building;

have an entrance separate from the entrance to any commercial component of the

building, within a mixed-use building; and

All dwelling (townhouse – complex), dwelling (townhouse – hybrid), or dwelling

(townhouse – single) developments in a MU2 District must comply with the

following requirements for development in Section 3.14 ‘Dwelling (Townhouse)’or

the MDR District:

• lot width;

• lot depth;

• lot coverage;

• building separation distance;

• amenity area (private);

• amenity area (common);

• vehicular access;

• setbacks;

• landscaping;

• building height;

• lot area;

• lot frontage; and

• density.

(k) LANDSCAPING

In addition to the regulations in Section 4.64 ‘Landscaped Buffer’:

For a residential building in the MU2 District located adjacent to a public roadway,

the perimeter landscaping shall be increased to a minimum width of 6.00 m;

Notwithstanding subsection (k)(i) development built to the property line are exempt

from the perimeter landscaping requirement, however, will be required to provide

planters, hanging baskets, and other landscaping items in consultation with

Engineering Services.

(l) OVERHEAD WEATHER PROTECTION

In addition to the regulations in Section 4.16 ‘Overhead Weather Protection’:

Continuous weather protection is encouraged along building frontages with retail

uses at grade, and at residential lobbies, or unit entrances at grade where

practical.

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Commercial and mixed-use buildings will provide overhead weather protection in a

method suitable to the architectural style and function of the building to the

satisfaction of the Development Officer, having regard for the following:

• provision of weather protection at pedestrian entrances;

• weather protection provided at a height and depth to provide sufficient

protection; and

• location of weather protection to allow for signage and wayfinding.

(m) VEHICLE AND PEDESTRIAN CIRCULATION

In addition to the regulations in Section 4.23 Vehicle Access – General’, the following

applies:

in making a determination about the design of on-site motor vehicle and pedestrian

circulation within the MU2 District, the Development Officer must ensure that motor

vehicle and pedestrian routes are located and designed in a manner that provides

a clearly defined, safe, efficient and convenient circulation pattern for both vehicles

and pedestrians, including barrier-free routes. Loading bays must be located in

such a manner as not to impede the safe and efficient flow of traffic and pedestrian

movement and minimize impacts on adjacent land uses.

The Development Officer may impose whatever conditions the Development

Officer considers necessary in order to require that the applicant:

• provide connections to parking areas, and to public rights-of way adjoining a

development for access to transit, services and amenities;

• provide pedestrian access to ensure a development is integrated with a

surrounding area;

• provide pedestrian walkways along storefronts which have doors or similar

openings;

• separate pedestrian movements and motor vehicle traffic by delineating

crosswalks with special paving or, where possible, raising crosswalks; and

• construct and maintain the pedestrian walkways for use by the public.

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6.14 MID – MIDTOWN DISTRICT

(a) APPLICATION

This section applies to the areas designated as Midtown (MID) District on the Land

Use District Map, Schedule A, of this Bylaw.

The area designated as MID District encompasses Residential Areas A, and B,

and Mixed-Use Area C, as identified in Figure 19.

Municipal Reserves owing within the MID District will be districted Public Park

(PRK) to align with the South Riel ASP.

The regulations of the MID District, as described within the South Riel ASP, shall

apply to Lot A, Block 1, Plan 082 8697 only, including any future revisions to this

legal description based on a subdivision or condominium plan.

Development of the land uses within the MID District shall comply with the

provisions of this Bylaw, except as otherwise stated within the MID District in which

case the MID District shall prevail.

Figure 19: MID District Sub-Areas

(b) PURPOSE

The purpose of the MID District is to develop a vibrant community that includes a mixture

of commercial and medium to high density residential land uses in a comprehensively

planned neighbourhood. The District shall be developed as bare land or conventional

condominium. The community will feature high-quality design, a broad mix of housing

forms, employment opportunities, pedestrian accessibility, and a variety of public spaces.

The neighbourhood will be developed into three character areas, Residential Areas A and

B located north of the AltaLink right-of-way and Mixed-Use Area C, including residential

and commercial uses, located south of the AltaLink right-of-way. The transition between

these character areas is expected to be seamless and connected through various

pedestrian walkways and public and private roadways. The key attributes associated with

the character areas include:

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Residential Areas A and B which will provide a variety of housing types that are

built in a compact form and have direct pedestrian accesses to community

amenities.

Mixed-Use Area C which will provide high density residential areas and

commercial uses that are integrated through high quality design. The residential

uses can be in standalone forms or integrated vertically with commercial uses. The

commercial uses will provide goods and services to the local and surrounding

neighbourhoods as well as provide employment opportunities.

PERMITTED USES

DISCRETIONARY USES

(a) Dwelling (Duplex)

(b) Dwelling (Apartment) (Area B only)

(a) Dwelling (Semi-detached)

(b) Home-based Business (Level Two)

(a) Dwelling (Townhouse – Complex)

(b) Parking lot at finished grade

(a) Dwelling (Townhouse – Hybrid)

(b) Public Utility Building

(a) Dwelling (Townhouse – Single)

(b) Residential Sales Centre

(a) Group Home

(b) Supportive Living Accommodation

(a) Accessory Development to a

permitted use, excluding decks that are

greater than 1.50m above finished grade,

and private pools.

(b) Accessory Development to a

discretionary use, and decks that are

greater than 1.50m above finished grade,

and private pools.

(d) PERMITTED AND DISCRETIONARY USES – MIXED-USE AREA C

PERMITTED USES

DISCRETIONARY USES

(a) Amenity Area (Public)

(b) Animal Health

(a) Art Gallery/Studio

(b) Animal Service without outdoor kennels,

pens, runs or other similar enclosures

(a) Dwelling (Apartment)

(b) Broadcasting Studio

(a) Dwelling unit above a non-residential

use

(b) Conference and Banquet Facility

(a) Establishment (Brew Pub)

(b) Day Care Facility

(a) Establishment (Restaurant)

(b) Equipment Service

(a) Government Service

(b) Establishment (Drinking)

)

(a) Health Service

(b) Establishment (Entertainment)

(a) Live/Work Unit

(b) Home-based Business (Level Two)

(a) Parking Lot at finished grade

(b) Hotel

(a) Parking Structure

(b) Religious Assembly

(a) Personal Service

(b) Residential Sales Centre

(a) Professional Office

(b) Retail (Cannabis)

(a) Public Utility Building

(b) School (Commercial)

(a) Recreation (Indoor)

(b) Accessory Development to a

permitted or discretionary use

(a) Retail (General)

(a) Shopping Centre

(a) Supportive Living Accommodation

No non-residential use is allowed above a residential use.

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(e) APPLICATION REQUIREMENTS

In addition to the plans and information required under Section 2.4, an applicant for

development permit must submit to the satisfaction of the Development Officer:

an overall conceptual site development plan for:

• the area designated as MID District; or

• if the applicant is only developing a portion of the area designated as MID

District, a site development plan showing the area to be developed, illustrating

how the development will be integrated with the entire area designated as MID

District.

The overall conceptual site development plan, considered to be non-binding, must

identify the proposed building types and locations, development phasing, density

calculations, vehicular and pedestrian routes, and amenity areas in accordance

with the purpose of this District.

Details regarding the architectural guidelines proposed for the development,

including design drawings illustrating the colour scheme and building materials.

Any other studies that may be requested by the Development Officer including but

not limited to:

• a traffic impact analysis that demonstrates that traffic impacts are compatible

with the purpose of the MID District and do not prejudice safety and traffic

movements within the MID District or on adjacent public roadways;

• Crime Prevention Through Environmental Design (CPTED) study to be

submitted at the time of a development permit application; or

• geotechnical report.

Changes to an approved overall conceptual site development plan may require re-

submission for review by the Development Officer.

(f) EXTERNAL URBAN DESIGN REVIEW – AREA C

An External Urban Design Review is required for any development that:

• has a total building footprint greater than 2,500.00 m

;

• is greater than eight (8) storeys in height; or

• in the opinion of the Development Officer is deemed to have significant impact

on the subject Character Area’s urban design.

This review will result in an Urban Design Review Recommendations Report from

a City-designated reviewer. This Urban Design Review Recommendations Report

is a requirement of the development permit application and will include

recommendations from the reviewer that may range from acknowledgement of

positive design qualities of the proposal to suggestions for a design that better

complies with the City’s policies and plans related to surrounding development.

Applicants are expected to consider and implement, wherever possible, any

recommendations of the Urban Design Recommendations Report into the final application.

(g) INTERNAL URBAN DESIGN REVIEW – AREA C

If a development does not require an External Urban Design Review, but an

applicant wishes to receive recommendations related to urban design, they may

request an Internal Urban Design Review by Planning and Development staff prior

to submission of an application. This review will result in an Urban Design Review

Recommendations Report from staff designated by the Development Authority and

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will include recommendations that may range from acknowledgement of positive

design qualities of the proposal, to suggestions for design that better complies with

the City’s policies and plans related to surrounding development.

(h) PERFORMANCE STANDARDS

In addition to the Urban Design Review Recommendations Report, all applications

shall be considered with regard to the following Performance Standards:

site design contribution to streetscape and the character area;

appropriate location of uses to support active streetscapes and fit within the

character areas;

high quality building design integrated with streetscape and surrounding buildings;

pedestrian orientation; and

well-designed amenity areas.

(i) SITE DENSITY

The minimum site density for the MID District is as follows:

40-54 dwelling units per net hectare for Residential Area A;

40-94 dwelling units per net hectare for Residential Area B;

120-250 dwelling units per net hectare for Mixed-Use Area C;

notwithstanding subsections (i), (ii), and (iii), the overall density for the MID District

shall be 81 dwelling units per net hectare.

(j) AMENITY AREA (PRIVATE)

Each dwelling unit must be provided with at least one of the following forms of an

amenity area (private):

• a deck or balcony;

• a patio, or yard; or

• a recessed balcony or sunroom enclosed with exterior windows.

An amenity area (private) must be located next to a habitable room.

An amenity area (private) must have a minimum area of 4.00 m².

An amenity area (private) at ground level adjacent to public areas must have a

landscape buffer at least 1.00 m wide, or a fence with a minimum height of 1.20 m.

Notwithstanding the requirements of subsections (j)(i) to (iv):

• up to 25.00% of the required amenity area (private) may be substituted for an

on-site amenity area (common) that is accessible to all residents, at the

discretion of the Development Officer, for all dwelling units except supportive

living accommodation;

• up to 100.00% of the required amenity area (private) may be substituted for an

on-site amenity area (common) that is accessible to all residents, at the

discretion of the Development Officer, for supportive living accommodation;

Balconies and decks must be located at least 1.00 m from:

A. all property lines;

B. a roadway;

C. a common or visitor parking stall; and

D. a common walkway, except that portion of the walkway that provides direct

access to the building.

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Notwithstanding the provisions under subsection (a), a deck may be developed to

a 0.00 m setback along the centre line of the common firewalls on a dwelling

(duplex), dwelling (semi-detached), and dwelling (townhouse).

(k) AMENITY AREA (COMMON)

The MID District shall provide outdoor amenity area (common) as follows:

Areas A, B, and C shall each provide at least two amenity area (common) spaces;

Amenity area (common) may include:

• a rooftop amenity area or rooftop garden, not less than 30.00 m²;

• a balcony or terraced balcony, not less than 30.00 m²;

• an at grade amenity area, including a common garden area, not less than 30.00

m²; or

• some other amenity area (common) including an interior amenity area not less

than 30.00 m² which is common to and accessible by all residents, excluding

parking lots and pedestrian walkways.

Each amenity area (common) shall have a minimum area of 500.00 m², excluding

parking lots and pedestrian walkways;

Each amenity area (common) shall have a minimum width of 6.00 m at its

narrowest point;

The amenity area (common) shall not be located in any required setback;

The amenity area (common) required under subsection 8.1(g) is in addition to an

amenity area (common) that may be provided under Section 8.1(f);

The Development Officer may, at their discretion, vary the requirements of

subsections (g)(ii) and (iii) above, taking into account site constraints, adjacent

uses, and urban design considerations.

(l) WALKWAYS

All common walkways shall have a minimum width of 1.50 m, except that portion of the

walkway that provides direct access to the building.

(m) LOT WIDTH

For residential bare land condominium development:

when vehicular access is provided from the front:

• the minimum lot width for a dwelling (duplex) is:

A. 11.00 m on an interior lot; and

B. 15.80 m on a corner lot.

• the minimum lot width for a dwelling (semi-detached) is:

A. 5.50 m per dwelling unit on an interior lot; and

B. 10.30 m per dwelling unit on a corner lot.

• the minimum lot width for dwelling (townhouse – single) is:

A. 4.30 m per dwelling, interior unit;

B. 5.50 m per dwelling, end unit on an interior lot; and

C. 10.30 m per dwelling, end unit on a corner lot.

when vehicular access is provided from the rear:

• the minimum lot width for a dwelling (duplex) is:

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A. 14.70 m on an interior lot; and

B. 19.50 m on a corner lot.

• the minimum lot width for a dwelling (semi-detached) is:

A. 7.40 m per dwelling unit on an interior lot; and

B. 12.20 m per dwelling unit on a corner lot.

• the minimum lot width for dwelling (townhouse – single) is:

A. 6.20 m per dwelling, interior unit;

B. 7.40 m per dwelling, end unit on an interior lot; and

C. 12.20 m per dwelling, end unit on a corner lot.

(n) LOT DEPTH

For residential bare land condominium development, the minimum lot depth is:

16.00 m when vehicular access is provided from the front for a:

• Dwelling (duplex);

• Dwelling (semi-detached); and

• Dwelling (townhouse – single).

12.00 m when vehicular access is provided from a rear lane for a:

• Dwelling (duplex);

• Dwelling (semi-detached); and

• Dwelling (townhouse – single).

(o) LOT COVERAGE

The maximum lot coverage for bare land condominium development is:

58% for a dwelling (duplex); dwelling (semi-detached); and dwelling (townhouse -

single) end unit; and

70% for dwelling (townhouse – single), interior unit.

(p) LOT FRONTAGE

The minimum lot frontage is 25.00 m for:

conventional condominium development;

dwelling (apartment); and

dwelling unit above a non-residential use.

(q) LOT AREA

The minimum lot area is 0.075 ha for:

conventional condominium development;

dwelling (apartment); and

mixed-use building.

(r) BUILDING HEIGHT

The maximum height of a principal building:

• Dwelling (duplex); and dwelling (semi-detached) is 15.00 m;

• Dwelling (townhouse) is 18.00 m;

• Dwelling (apartment) (Area B only) is 18.00 m; and

• Dwelling (apartment) or Mixed-Use Building (Area C only) is 25.00 m.

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Notwithstanding subsection (r)(i)), at the discretion of the Development Officer, the

maximum building height may be increased up to 35.00 m if a development

provides at least two of the following:

• superior or innovative building style;

• high quality exterior finishing, including, but not limited to brick, brick veneer, wood,

natural stone, tinted or textural concrete, glass or concrete masonry units;

• a distinct building base or podium, with a 3.00 m minimum stepback provided

for upper floors, measured from the building face of the podium, with

consideration for the transitions between adjacent building designs and heights;

• green building products or technologies that reduce the carbon footprint, or

increase energy efficiency;

• peaked roof; or

• enhanced landscaping.

(s) RESIDENTIAL BARE LAND CONDOMINIUM SETBACKS

For a residential bare land condominium development of dwelling (duplex); dwelling (semi-

detached); and dwelling (townhouse):

the minimum front yard building setback is:

• 3.00 m when vehicular access is provided from the rear;

• 6.00 m when vehicular access is provided from the front;

• 6.00 m when development is fronting LeClair Way, Levasseur Road, and Riel

Drive; and

• The projection shall not span the entire width of the dwelling.

Notwithstanding subsection (s)(i), for development fronting LeClair Way,

Levasseur Road, and Riel Drive, a covered stairway which only serves to provide

direct access to the dwelling may project up to 2.50 m into the minimum required

6.00 m front yard setback.

the minimum side yard building setback is:

A. 0.00 m to the centre line of the interior common firewalls;

B. 1.20 m to the outside of the exterior wall on an interior lot; and

C. 2.40 m to the outside of the exterior wall on a corner lot.

the minimum rear yard building setback is:

• 1.50 m when vehicular access is provided from a rear lane;

• 3.00 m when vehicular access is provided from the front; and

• 0.00 m for back-to-back dwelling (townhouse).

notwithstanding subsection (s)(iv), a development without an attached garage and

no lane must have a minimum side yard building setback of 3.00 m on one side to

provide unobstructed vehicle access to the rear yard.

(t) RESIDENTIAL CONVENTIONAL LAND CONDOMINIUM SETBACKS

For a residential conventional condominium development of dwelling (duplex); dwelling

(semi-detached); and dwelling (townhouse – hybrid):

the minimum setback from a property line to the exterior of the front wall of a building is:

• 3.00 m when vehicular access is provided from a rear lane;

• 6.00 m when vehicular access is provided from the front;

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• 6.00 m when development is fronting LeClair Way, Levasseur Road, and Riel

Drive; and

• The projection shall not span the entire width of the dwelling

Notwithstanding subsection (t)(i), for development fronting LeClair Way, Levasseur

Road, and Riel Drive, a covered stairway which only serves to provide direct access

to the dwelling may project up to 2.50 m into the minimum required 6.00 m front

yard setback.

the minimum setback from the exterior of the side wall of a building is:

• 0.00 m to the centre line of the interior common firewalls;

• 1.20 m to the outside of the exterior wall on an interior lot; and

• 2.40 m to the outside of the exterior wall on a corner lot.

the minimum setback from the exterior of the rear wall of a building is:

• 1.50 m when vehicular access is provided from a rear lane;

• 3.00 m when vehicular access is provided from the front; and

• 0.00 m for back-to-back dwelling (townhouse).

(u) RESIDENTIAL SETBACKS ADJOINING A PUBLIC ROADWAY

For a dwelling (duplex); dwelling (semi-detached); and dwelling (townhouse), on a corner

lot, the side of the lot that adjoins a flanking public roadway must have a minimum side

yard building setback of:

6.00 m from the edge of the sidewalk nearest the property line, to the face of the

garage where a garage faces the flanking public roadway, excluding a lane; or

6.00 m from the closest edge of the roadway, where there is no sidewalk, to the face

of the garage, where a garage faces the flanking public roadway, excluding a lane;

(v) APARTMENT SETBACK

For a dwelling (apartment) and dwelling unit above a non-residential use:

the minimum front yard building setback is 3.00 m;

the minimum side yard building setback is 3.00 m; and

the minimum rear yard building setback is 3.00 m.

(w) LOCATION OF BUILDINGS

The minimum separation distance for residential buildings in Areas A and B is:

• 10.00 m between the exterior of the front or rear wall of each building and any

separate wall of any other building;

• 2.40 m between the exterior side wall of each building and the exterior side wall

of any other building unless a greater separation is required by the

Development Officer.

• 1.50 m between a building and:

A. a roadway;

B. a common or visitor parking stall; and

C. 1.00 m between a building and a common walkway, except that portion of the

walkway that provides direct access to the building;

D. 1.50 m between a principal building and an accessory building, except for a

common amenity building which has a minimum separation distance of 2.40 m.

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The minimum separation distance for a dwelling (apartment) and dwelling unit

above a non-residential use in Area C is:

• 7.50 m between the exterior wall of a dwelling (apartment) or dwelling unit

above a non-residential use and any separate wall of any other dwelling

(apartment) or dwelling unit above a non-residential use;

• 1.50 m between a principal building and an accessory building, except for a

common amenity building which has a minimum separation distance of 2.40 m;

• 3.00 m between the exterior wall of a dwelling (apartment) or dwelling unit

above a non-residential use and:

A. a roadway;

B. a common or visitor parking stall; and

C. a common walkway except that portion of the walkway that provides direct

access to the building.

(x) DESIGN, CHARACTER, AND APPEARANCE OF BUILDINGS

In addition to the requirements of in Section 4.10 ‘Building Design, Character and

Appearance’, all buildings must be finished as follows to the satisfaction of the

Development Officer:

No building façade shall exceed 60.00 m in length, at the discretion of the

Development Officer;

to reduce building massing, building façade(s) shall be articulated by a

combination of recesses, entrances, windows, projections, change in building

materials, colours, roof design, or physical breaks in building mass, to create

attractive streetscapes and interfaces at the discretion of the Development Officer.

A continuous building façade without recess, balcony or other form of articulation

shall not exceed 15.00 m in horizontal direction;

building massing must respect the existing topography of the site by terracing the

building where appropriate;

rooftop mechanical equipment must be screened on all sides to the satisfaction of

the Development Officer;

walls, including retaining walls, for general landscaping, amenity area (private) and

amenity area (common), and perimeter walls must be constructed or finished in a

similar material and colour to that used for the principal building exterior; at the

discretion of the Development Officer;

all exterior pedestrian entrances to a dwelling (apartment) or dwelling unit above a

non-residential use must have overhead weather protection; and

the principal pedestrian entrance to a dwelling (apartment) or dwelling unit above a

non-residential use must have barrier-free access.

(y) PARKING

Notwithstanding the on-site parking requirements in Sections 5.3, 5.4 and 5.5, on-site

parking shall be provided as follows:

RESIDENTIAL LAND USE

MINIMIMUM PARKING REQUIREMENT

Dwelling (Duplex);

Dwelling (Semi-detached); and

Dwelling (Townhouse)

(a) 2 stalls per dwelling unit; plus

(b) 1 stall per 7 dwelling units for visitor parking.

Dwelling (Apartment)

(a) 1.5 stalls per dwelling unit; plus

(b) 1 stall per 7 dwelling units for visitor parking.

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RESIDENTIAL LAND USE

MINIMIMUM PARKING REQUIREMENT

Group Home

(a) 1 stall per 3 sleeping units; plus

(b)1 stall per resident staff member.

Live/Work Unit

(a) 1.5 stalls for the residential components; and

(b) 1 stall per 45.00 m² of gross floor area for the

commercial component.

Development Officer may, at their discretion, vary the

parking requirements based upon the number of

bedrooms in the residential component, or the

provision of adjacent parking on a public roadway or

in a common parking area accessible to the public.

Supportive Living

Accommodation

(a) 1 stall per 6 dwelling units, plus

(b) 1 stall per 7 dwelling units for visitor parking, plus

maximum working shift.

NON-RESIDENTIAL LAND USE

MINIMUM PARKING REQUIREMENT

non-residential, except Hotel

(a) 1 stall per 45.00 m² of gross floor area;

(b) the Development Officer may determine parking

requirements based on a parking study requested at

their discretion.

Hotel

(a) 1 stall per guest room, plus

(b) additional stalls in accordance with the parking

requirements of this section for any other uses which

form part of the hotel.

dwelling unit has vehicular access from the lane and the other has vehicular

access from the roadway.

Notwithstanding Section 5.12 ‘Parking Stall and Drive Aisle Requirements’, parking

spaces and drive aisles shall meet the following criteria:

• a parking stall must be a minimum of 2.60 m wide and 5.80 m deep;

• a parallel parking stall shall be a minimum 2.60 m wide and 7.00 m deep;

• 7.0 m deep;

• a drive aisle must be a minimum of 7.30 m wide for two-way traffic;

Notwithstanding subsection (y)(ix),the Development Officer may reduce the

minimum width of a drive aisle for parking spaces provided at an angle or for one-

way drive aisles.

required parking stalls for all residential uses that are provided in a private

driveway or garage may be located tandem, with no more than two2 of the total

required parking spaces located in tandem; and

small car parking spaces may comprise a maximum of 20% of required parking for

a dwelling (apartment) and mixed-use development building only.

(z) VEHICLE ACCESS

There shall no residential vehicular access onto roadways designated as

Neighbourhood, Connector, or Crosstown.

Where a rear lane is provided, vehicular access shall only be provided from the

lane, except for front-back semi-detached or front-back duplex product where one

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6.15 DTN – DOWNTOWN DISTRICT

(a) APPLICATION

This section applies to the areas designated as Downtown (DT) District as identified in

Schedule A of this Bylaw, and Figure 20.

Figure 20: Downtown

(b) PURPOSE

The purpose is to provide for a vibrant downtown that includes a mixture of employment,

commercial, institutional, government, and medium to high-density residential land uses,

with a focus on high-quality development which engage the public realm. Development in

the DTN District should be compact, pedestrian-friendly, and compatible with surrounding

areas, creating a unique, and recognizable neighbourhood. Buildings within this District

shall provide a variety of housing options, with residential uses located predominantly

above the ground floor and include an appropriate mix of uses within the same structure. A

specified area north of the river shall provide for an orderly transition from downtown that

is integrated with the Mission neighbourhood.

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PERMITTED USES

DISCRETIONARY USES

(a) Art Gallery/Studio

(b) Animal Health without outdoor kennels,

pens, runs, or other similar enclosures

(a) Community Garden

(b) Animal Service, without outdoor

kennels, pens, runs, or other similar

enclosures

(a) Dwelling unit above a non-residential use

(b) Broadcasting Studio

(a) Establishment (Entertainment)

(b) Conference and Banquet Facility

(a) Establishment (Restaurant)

(b) Day Care Facility

(a) Government Service

(b) Dwelling (Apartment)

(a) Group Home

(b) Dwelling (Townhouse – Hybrid) only

when integrated with a dwelling (apartment)

or dwelling unit above a non-residential use

(a) Health Service

(b) Equipment Service

(a) Park

(b) Establishment (Brew Pub)

(a) Personal Service

(b) Establishment (Drinking)

(a) Professional Office

(b) Home-Based Business (Level Two)

(a) Public Market

(b) Hotel

(a) Residential Sales Centre

(b) Live/Work Unit

(a) Retail (General)

(b) Parking Structure

(a) School (Commercial) – when located

above the ground storey

(b) Public Utility Building

(b) School (Post-Secondary)

(b) Religious Assembly

(a) Supportive Living Accommodation

(b) Retail (Cannabis)

(b) School (Commercial) – when located on

the ground storey

(b) Shopping Centre

(b) Accessory development to a permitted

or discretionary use

(d) PERMITTED AND DISCRETIONARY USES FOR DOWNTOWN TRANSITION

PERMITTED USES

DISCRETIONARY USES

(a) Art Gallery/Studio

(b) Day Care Facility

(a) Community Garden

(b) Dwelling (Apartment)

(a) Dwelling unit above a non-residential

use

(b) Establishment (Drinking) with up to 50

seats

(a) Establishment (Restaurant) with equal to

or less than 50 seats

(b) Establishment (Restaurant) with greater

than 50 seats

(a) Government Service

(b) Home-Based Business (Level Two)

(a) Group Home

(b) Hotel

(a) Health Service

(b) Live/Work Unit

(a) Personal Service with a gross floor area

equal to or less than 120.00 m

(b) Public Utility Building

(a) Professional Office

(b) Retail (Cannabis) with a gross floor area

of equal to or lesser than 120.00 m

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(a) Residential Sales Centre

(b) Retail (General) with a gross floor

greater than 120.00 m

(a) Retail (General) with a gross floor area

equal to or less than 120.00 m

(b) School (Commercial)

(a) Supportive Living Accommodation

(b) School (Post-Secondary)

(b) Accessory development to a permitted

or discretionary use

(e) APPLICATION REQUIREMENTS

In addition to the plans and information required under Section 2.4, an applicant

for a multiple site or a multiple building development must submit to the

satisfaction of the Development Officer:

• an overall conceptual site development plan for:

A. the entire proposed development area; or

B. if the applicant is only developing a portion of the proposed development

area, a site development plan showing the area to be developed, illustrating

how the development will be integrated with the adjacent area.

The overall conceptual site development plan, considered to be non-binding, must

identify the proposed building types and locations, development phasing, density

calculations, vehicular and pedestrian routes, and amenity areas in accordance

with the purpose of this District.

(f) SITE DENSITY

The minimum site density for residential uses is 100 dwelling units per net hectare.

Notwithstanding subsection (a), a development shall meet the density target of the

MDP, an ASP, Neighbourhood Plan, or Concept Plan.

In determining site density, the Development Officer may consider the total

number of units for multiple built forms when they comprise a development on a

single parcel.

(g) BUILDING HEIGHT

As Illustrated in Figure 20, Building height in the DTN District is as follows:

Downtown Transition Area: (note: blue area on map)

• The maximum building height is 15.00 m.

Main Core: (Note: yellow area on map)

• The minimum building height is 15.00 m.

• The maximum building height is 25.00 m.

Downtown Gateway: (Note: pink area on map)

• The minimum building height is 15.00 m.

• The maximum building height is 46.00 m.

Landmark Sites:

• Building height shall be in accordance with Map ## in Section #.# (1)(a). (a)

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(h) MIDRISE BUILDINGS (note: yellow area design – 15 m to 25 m high)

A building less than 25.00 m in height shall:

• provide a minimum 7.50 m high podium, but no podium shall exceed 15.00 m in

height; and

• provide a minimum front step back from the podium of 3.00 m, as measured

from the building frontage of the lower storeys.

Additional step backs may be required at higher storeys for the building, if, in the

opinion of the Development Officer, it is necessary to mitigate the building scale, or

wind, sun, or shadow impacts.

Figure 21: Downtown Podium and Stepback

(i) BUILDING FRONTAGE

Buildings located on a corner shall comply with Section 4.8 ‘Corner Lots And Lot

Coverage’.

No more than 30.00% of the building frontage may be recessed.

For a ground floor commercial use, the front of a unit shall not be more than 15.00

m wide.

Notwithstanding subsection (i(iii), the Development Officer may permit a ground

floor unit frontage greater than 15.00 m if the façade is:

• designed to maintain the continuity of the streetscape; and

• creates the appearance of a series of smaller retail units.

(j) BUILDING SETBACKS

Downtown

• Front Yard

A. The front yard building setback is 0.00 m.

B. Notwithstanding subsection (j)(A), the front yard building setback may be

increased to up to 3.00 m to accommodate a recessed entrance, rest area,

courtyard, outdoor café, amenity space (common), building recess or similar

amenity if, in the opinion of the Development Officer:

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1. the design of the building frontage maintains the continuity of the

streetscape;

2. pedestrian amenity and connectivity is maintained; and

3. the recessed entrance complies with the Building Frontages in subsection (i).

• Side Yard

A. The side yard building setback is 0.00 m.

B. Notwithstanding subsection (vii) above, a side yard setback of 3.00 m may

be permitted if, in the opinion of the Developer Officer:

1. it is to accommodate a rest area, courtyard, outdoor café, amenity area

(common), or similar amenity;

2. pedestrian amenity and safety is maintained;

3. the setback does not create a visual gap or discontinuity of the

architectural form or rhythm of the streetscape; or

4. it is to accommodate a pedestrian walkway or service lane.

• Rear Yard

A. The minimum rear yard building setback shall be determined by the

Development Officer, taking into account:

1. adjacent and on-site uses,

2. access to service lanes; and

3. on-site parking requirements.

B. Notwithstanding subsection (ix), the maximum rear yard building setback

shall be 50% of the lot depth, as measured from the rear property line.

Downtown Transition Area – Building Setbacks

A. The minimum front yard building setback is 4.00 m.

B. The minimum side yard building setback is 1.80 m.

C. The minimum rear yard building setback is 0.00 m.

(k) DESIGN, CHARACTER, AND APPEARANCE

Windows, Doors, and Entries

• The fenestration area on a ground story building frontage facing a public street

shall provide transparent glazing for a minimum of 50% to a maximum of 70%

of the fenestration area.

• The fenestration area shall be transparent glazing that allows interior activity to

be seen from the street.

• Windows shall have window frame members of substantial depth and recessed

from the building frontage to provide architectural interest in the streetscape.

• A building must provide windows on each floor of a façade which faces a public

roadway, a park, natural area, or PSI District.

• A ground story façade of a building that faces a surface parking lot, or

pedestrian walkway, must provide a transparent window that provides full

viewing of the area.

• All non-residential ground storey units facing a public street shall have, at

minimum, one direct functioning public entrance from that public street.

• Development on a corner lot is encouraged to have its main entrance angled to

the roadway intersection.

• Notwithstanding subsection (h) if an angled entrance is not provided, then one

entrance is required on each public street façade.

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Building Projections and Overhead Weather Protection

Building projections must be designed to the satisfaction of the Development Officer

and have regard for the following:

• balconies shall be designed as integral components of the building and shall

not project over or into amenity spaces or City property.

• Developments are encouraged to provide continuous overhead weather protection

for pedestrians along the building frontage adjoining a public sidewalk.

• Overhead weather protection shall:

• maintain a minimum 0.60 m setback from the outside edge of the curb line in

keeping with the adjacent streetscape;

• have a vertical clearance of at least 2.50 m and at most 4.00 m above the

sidewalk.

• If overhead weather protection or its supporting structure encroaches on city

property a written encroachment agreement is required.

Exterior Finishing

The exterior finishes of buildings shall:

• be of high quality materials and be finished to the satisfaction of the

Development Officer;

• include durable and attractive building finishing materials such as, but not

limited to: brick, brick veneer, stone, marble, tile, glass, stamped concrete or a

combination thereof; and

• provide a variation in materials and design treatments on the ground floor or

pedestal of a building to the satisfaction of the Development Officer.

• The use of vinyl siding or metal cladding on building frontages is prohibited.

• In addition to the requirements of sections 6.14 or 8.9, walls and fencing must

be constructed of wrought iron, brick, brick veneer, or a combination thereof.

A sign in this District is encouraged to be pedestrian-oriented.

A building is encouraged to include an exterior date stamp, identifying the year of

construction, visible from the public street.

(l) PARKING AND LOADING AREAS

Vehicle access from a public street shall only be permitted if, in the opinion of the

Development Officer, the proposed access:

• is in compliance with City of St. Albert’s current Municipal Engineering

Standards and The Transportation Association of Canada (TAC);

• is necessary because access from a service lane is not feasible;

• does not front on to St. Anne Street, St. Thomas Street, or Perron Street; and

• will not interfere with the continuity of the streetscape, pedestrian movement, or

safety along a public street.

there shall be no surface parking between a building and a public street;

surface parking shall be accessed from a service lane;

Notwithstanding subsections (i) and (ii), in the Downtown Transition Area surface

parking shall be located in the front of a development, and may be accessed from

a public street.

where a surface parking lot is adjacent to any public street or public open space,

the lot must be screened to the satisfaction of the Development Officer;

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Exclusive of the Downtown Transitional Area, parking for residential uses shall be

provided in a below grade parking structure, or a parking structure within the

development site;

Notwithstanding subsection (n)(vi) required visitor parking stalls may be provided at

grade.

A parking lot or loading area shall be a minimum of 3.00 m from the property line,

when adjacent to St. Albert Trail.

Parking Structure, The building frontage of a parking structure, when adjacent to a

public roadway, park, or natural area, shall:

• be designed to resemble a fenestrated building for the first 7.50 m of height;

• integrate with the surrounding built form and streetscape; and

• have a façade composed of high-quality materials,

(m) DOWNTOWN ON-SITE PARKING WAIVER

Any additional parking requirements necessitated by a change in use of an existing

building located in the DTN District may be waived by the Development Officer.

Where an existing building is being enlarged in the DTN District, additional parking

requirements shall be provided only for that portion of the building being enlarged.

At the discretion of the Development Officer, in the DTN District, required on-site

parking for a non-residential use may be reduced by up to 30.00%, if the building

is within 75.00 m of the public parking lot located at 6 St. Anne Street.

Notwithstanding subsection (m)(iii), in the DTN District, on-site parking is not

required for a non-residential use, if the building is directly adjacent to the public

parking lot located at 6 St. Anne Street.

(n) VEHICLE AND PEDESTRIAN CIRCULATION

In addition to the regulations in Section 4.23 Vehicle Access – General’, the following

applies:

In making a determination about the design of on-site motor vehicle and

pedestrian circulation within the DTN District, the Development Officer must