Land Use Bylaw

Updated: March 17, 2012

BYLAW 2355/LUO/08

BEING A BYLAW OF THE TOWN OF STONY PLAIN IN THE PROVINCE OF ALBERTA TO ESTABLISH A LAND USE BYLAW TO REGULATE THE ORDERLY DEVELOPMENT OF LANDS WITHIN THE LIMITS OF THE TOWN BOUNDARIES

WHEREAS the Municipal Government Act requires every municipality to pass a land use bylaw which may prohibit, regulate and control the use and development of land and buildings in a municipality; AND WHEREAS Council has held a public hearing in accordance with the requirements of the Municipal Government Act; NOW THERFORE THE COUNCIL OF THE TOWN OF STONY PLAIN REPEALS ALL PRIOR LAND USE BYLAWS, BEING LAND USE BYLAW 1166/LUO/94 AND AMENDMENTS THERETO, AND ENACTS THE ATTACHED LAND USE BYLAW 2355/LUO/08 AS FOLLOWS:

Read a first time this 24th day of November, A.D. 2008.

Original Signed Mayor Ken Lemke Original Signed Louise Frostad, CMA, CLGM Director, Finance and Administration

Public Hearing held on the 12 day of January, A.D. 2009.

Read a second time this 12 day of January, A.D. 2009.

Read a third time this 12 day of January, A.D. 2009.

Original Signed Mayor Ken Lemke Original Signed Louise Frostad, CMA, CLGM Director, Finance and Administration

TABLE OF CONTENTS

PART I – ENACTMENT, INTERPRETATION AND DEFINITIONS .................................................... 7

1 GENERAL CONDITIONS ........................................................................................................................... 7 2 DEFINITIONS .......................................................................................................................................... 10

PART II – AGENCIES ..................................................................................................................... 30

3 ESTABLISHMENT AND DUTIES OF THE DEVELOPMENT AUTHORITY ................................................ 30

PART III – DEVELOPMENT PERMITS, RULES AND PROCEDURES ............................................. 32

4 DEVELOPMENT PERMITS ...................................................................................................................... 32 5 APPLICATION FOR DEVELOPMENT PERMIT ........................................................................................ 35 6 DEVELOPMENT PERMIT DECISION PROCESS ...................................................................................... 37 7 COMMENCEMENT OF DEVELOPMENT ................................................................................................. 42 8 DEVELOPMENT APPEAL ........................................................................................................................ 44 9 ENFORCEMENT ...................................................................................................................................... 46 10 BYLAW AMENDMENT PROCESS ........................................................................................................... 49

PART IV – GENERAL SITE REGULATIONS ................................................................................... 52

11 DWELLING UNITS ON A LOT ................................................................................................................. 52 12 SITE GRADING, DRAINAGE AND RETAINING WALLS ........................................................................... 53 13 YARDS ON CORNER AND DOUBLE FRONTING LOTS .......................................................................... 54 14 REQUIRED YARDS AND PERMITTED PROJECTIONS ............................................................................ 55 15 RAILWAY NOISE ATTENUATION AND SAFETY SETBACKS .................................................................. 57 16 SIGHT LINE CONTROL............................................................................................................................ 58 17 FENCING ................................................................................................................................................. 59 18 DESIGN AND CHARACTER OF BUILDINGS ............................................................................................ 60 19 RELOCATION OF BUILDINGS ................................................................................................................ 62 20 UTILITY BUILDINGS, LOTS AND PUBLIC LANDS .................................................................................. 63 21 UTILITY EASEMENTS ............................................................................................................................. 63 22 EMERGENCY ACCESS TO BUILDINGS ................................................................................................... 64 23 OBJECTIONAL ITEMS IN YARDS ........................................................................................................... 65 24 GARBAGE, RECYCLING AND ORGANIC WASTE FACILITIES ................................................................. 67 25 ENVIRONMENTAL PROTECTION STANDARDS..................................................................................... 68 26 LANDSCAPING ....................................................................................................................................... 69 27 AMENITY SPACE .................................................................................................................................... 71 28 COMPREHENSIVE SITE PLANNING ....................................................................................................... 72 29 ZERO SIDE YARD DEVELOPMENTS ....................................................................................................... 73 30 EXCAVATION, STRIPPING AND GRADING ............................................................................................ 75

PART V – REGULATIONS FOR PARTICULAR AREAS .................................................................. 76

31 ACCESSORY BUILDINGS ........................................................................................................................ 76 32 SWIMMING POOLS, HOT TUBS AND OTHER WATER FEATURES........................................................ 80 33 SECONDARY SUITES .............................................................................................................................. 81 34 HOME OCCUPATIONS ........................................................................................................................... 83 35 GROUP HOMES AND CHILD CARE FACILITIES ..................................................................................... 85

36 BED AND BREAKFAST ACCOMMODATIONS ........................................................................................ 86 37 SHOW HOMES AND SALES OFFICES ..................................................................................................... 86 38 ANIMAL AND BIRD UNITS ..................................................................................................................... 87 39 VEHICLE-ORIENTED USES ..................................................................................................................... 89 40 PLACES OF WORSHIP ............................................................................................................................ 92 41 SURVEILLANCE SUITES ......................................................................................................................... 93 42 AMUSEMENT ESTABLISHMENTS .......................................................................................................... 94 43 VETERINARY CLINIC OR HOSPITALS, PET SHOPS AND KENNELS ....................................................... 95 44 RADIO COMMUNICATION STRUCTURES ............................................................................................. 96

PART VI – VEHICLE ACCESS, PARKING AND LOADING REGULATIONS .................................... 97

45 PERMITTED ACCESS TO STREETS AND LANES ..................................................................................... 97 46 LOCATION AND NUMBER OF DRIVEWAY CROSSINGS ........................................................................ 98 47 OFF-STREET PARKING REQUIREMENTS ............................................................................................. 101 48 MINIMUM PARKING STALL DIMENSIONS ......................................................................................... 106 49 DEVELOPMENT REQUIREMENTS FOR PARKING AREAS ................................................................... 108 50 OFF-STREET LOADING REGULATIONS ............................................................................................... 111

PART VII – SIGN REGULATIONS ................................................................................................ 113

51 DEFINITIONS RELATING TO SIGNS ..................................................................................................... 113 52 SIGN PERMITS ...................................................................................................................................... 116 53 ENFORCEMENT RELATING TO SIGNS ................................................................................................. 120 54 GENERAL SIGN REGULATIONS ........................................................................................................... 121 55 SIGN REGULATION BY TYPE ................................................................................................................ 123

PART VIII – OVERLAYS ............................................................................................................... 134

56 CENTRAL BUSINESS DISTRICT PARKING OVERLAY ........................................................................... 134 57 FLOOD RISK AND FLOOD FRINGE AREA OVERLAY ........................................................................... 136 58 HIGHWAY 16A CORRIDOR OVERLAY .................................................................................................. 140

PART IX - LAND USE DISTRICTS ................................................................................................. 144

59 R-1A DETACHED RESIDENTIAL DISTRICT ........................................................................................... 145 60 R-1B DETACHED RESIDENTIAL DISTRICT ........................................................................................... 147 61 R-1C DETACHED NARROW LOT RESIDENTIAL DISTRICT ................................................................... 149 62 R-1D DETACHED SMALL LOT RESIDENTIAL DISTRICT ....................................................................... 151 63 R-1E ESTATE RESIDENTIAL DISTRICT ................................................................................................. 153 64 R-1R RURAL RESIDENTIAL DISTRICT .................................................................................................. 155 65 R-2 TWO-DWELLING RESIDENTIAL DISTRICT .................................................................................... 157 66 R-2C COMPREHENSIVE MEDIUM DENSITY RESIDENTIAL DISTRICT ................................................ 160 67 R-2S STREET-ORIENTED MEDIUM DENSITY RESIDENTIAL DISTRICT ............................................... 163 68 R-3 HIGH DENSITY LOW RISE RESIDENTIAL DISTRICT ...................................................................... 166 69 R-4 HIGH DENSITY MEDIUM RISE RESIDENTIAL DISTRICT .............................................................. 169 70 R-MH RESIDENTIAL MANUFACTURED HOME DISTRICT .................................................................. 172 71 R-MU DETACHED MIXED USE DISTRICT ............................................................................................ 174 72 C-T CENTRAL HISTORICAL TRANSITION DISTRICT ............................................................................ 176 73 C-B CENTRAL BUSINESS DISTRICT ..................................................................................................... 180 74 C-N NEIGHBOURHOOD COMMERCIAL DISTRICT .............................................................................. 183

75 C-MU COMMUNITY MIXED USE DISTRICT ......................................................................................... 185 76 C-G GENERAL COMMERCIAL DISTRICT .............................................................................................. 188 77 C-H HIGHWAY COMMERCIAL DISTRICT ............................................................................................. 191 78 M-1 BUSINESS INDUSTRIAL DISTRICT ................................................................................................ 194 79 M-2 GENERAL INDUSTRIAL DISTRICT ................................................................................................ 197 80 P PUBLIC PARKS AND RECREATION DISTRICT.................................................................................. 199 81 P-U PUBLIC UTILITY DISTRICT ............................................................................................................ 200 82 U-S URBAN SERVICES DISTRICT ......................................................................................................... 201 83 U-R URBAN RESERVE DISTRICT ......................................................................................................... 203 84 DC DIRECT CONTROL DISTRICTS ....................................................................................................... 205 85 DC-1 FOLKSTONE PLACE HIGH DENSITY RESIDENTIAL DISTRICT ..................................................... 207 86 DC-2 TIFFANY GREENFIELD RESIDENTIAL SPECIAL PURPOSE DISTRICT .......................................... 210 87 DC-3 WILLOW DELL RESIDENTIAL SPECIAL PURPOSE DISTRICT ...................................................... 217

APPENDIX A - METRIC CONVERSION ........................................................................................ 225

APPENDIX B – LOW WATER LANDSCAPING............................................................................. 226

LAND USE BYLAW LAND DISTRICTS – 2009

R-1A Detached Residential District

R-1B Detached Residential District

R-1C Detached Narrow Lot Residential District

R-1D Detached Small Lot Residential District

R-1E Estate Residential District

R-1R Rural Residential District

R-2 Two-Dwelling Residential District

R-2C Comprehensive Medium Density Residential District

R-2S Street-Oriented Medium Density Residential District

R-3 High Density Low Rise Residential District

R-4 High Density Medium Rise Residential District

R-MH Residential Manufactured Home District

R-MU Detached Mixed Use District

C-T Central Historical Transition District

C-B Central Business District

C-N Neighbourhood Commercial District

C-MU Community Mixed Use District

C-G General Commercial District

C-H Highway Commercial District

M-1 Business Industrial District

M-2 General Industrial District

P Public Parks and Recreation District

P-U Public Utility District

U-S Urban Services District

U-R Urban Reserve District

DC Direct Control Districts

PART I - ENACTMENT, INTERPRETATION AND DEFINITIONS Page 7

LAND USE BYLAW 2355/LUO/08

PART I – ENACTMENT, INTERPRETATION AND DEFINITIONS

1 GENERAL CONDITIONS

1.1 Title

This bylaw may be referred to as THE LAND USE BYLAW of the Town of Stony Plain, in the Province of Alberta.

1.2 Purpose

The purpose of the Land Use Bylaw is:

a) to regulate and control the use and development of land and buildings within the municipality to achieve orderly and efficient development;

b) to protect the integrity and maintain the stability of residential, commercial, institutional, industrial and park areas in the Town of Stony Plain;

c) to define the duties of the Development Officer, the Municipal Planning Commission, Council and the Subdivision and Development Appeal Board; and,

d) to identify districting practices that will be supportive of the current and future economic and social development of the Town of Stony Plain.

1.3 Previous Legislation

No provisions of previous bylaws with respect to land use classifications, development control and development schemes shall hereafter apply to any part of the Town described in this bylaw, subject to the transitional provisions of this bylaw.

1.4 Transitional Provisions for Development Applications in Progress

An application for a development permit which is accepted in its complete and final form prior to the effective date of this bylaw shall be processed and any permits issued shall be in accordance with Land Use Bylaw 1166/LUO/94 and the amendments thereto.

1.5 Districts

The Town is divided into land use districts and the boundaries of those districts are shown on the Land Use District Map which is attached as Schedule “A” to this bylaw.

1.6 Uses and Regulations

Except as otherwise permitted in this bylaw, development and subdivision in each district shall be in accordance with the uses listed in the district for the site on which it is proposed and the regulations and the guidelines of this bylaw.

1.7 Overlays

The purpose of an overlay is to provide a means to alter or specify regulations for permitted and discretionary uses, in otherwise appropriate districts, in order to achieve the local planning objectives in specially designated areas.



a) Unless an overlay is part of this bylaw, an overlay shall only be applied to districts where specified through an amendment to the Land Use Bylaw in the form of an overlay which shall include:

(i) a map of the location(s) affected by the overlay at an appropriate scale; and

(ii) every regulation specified or changed by the overlay.

b) The regulations provided in the overlay shall be added to, or substituted for, the specified regulations of the underlying district. Where there appears to be a conflict between the provisions of the overlay and those of the underlying district, the provisions of the overlay shall take precedent and effect.

c) The overlay may include regulations that change or specify conditions or regulations regarding aesthetics, land use, public improvements and other related matters.

d) A person may apply to create or amend an overlay by submitting an application to amend the Land Use Bylaw (Sec. 10, LUB).

1.8 Compliance With Other Legislation

a) In addition to this bylaw, an applicant is responsible for complying with any federal, provincial, or municipal legislation, including any applicable development agreement or permit.

b) The applicant is also responsible for complying with the conditions of any easement or covenant which affects the development or subdivision.

c) The issuance of a development permit does not entitle the applicant to carry on a business. Businesses are also governed by the Business License Bylaw and may require a license under that bylaw. Similarly, a building permit may also be required.

1.9 Interpretation

Notwithstanding the terms provided within, the Municipal Government Act takes precedence in a case of dispute on the meanings of all terms or phrases.

ADMINISTRATIVE NOTE: Legislative references, such as from the Municipal Government Act (s.154, MGA), are indicated in parentheses and do not form part of this bylaw.

This bylaw is written in metric with imperial measures included from time to time for reference purposes. Where there is a discrepancy between the metric and imperial measurements, the metric dimensions shall take precedence.

1.10 Status of Land or Building

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. However, should a use be discontinued for a period of six (6) consecutive months or more, any future use of



the land or building shall comply with the provisions of this bylaw and a development permit will be required.

1.11 Prior Subdivision

A subdivision approved prior to the passing of this bylaw, which does not, with the passing of this bylaw, conform with the site size, site orientation or site dimension regulations, shall, with the passage of this bylaw, be deemed to be conforming.

1.12 Subdivision

a) Variance to Bylaw

In accordance with the Municipal Government Act (s. 654(2), MGA), the Subdivision Approving Authority or, on appeal, the Subdivision and Development Appeal Board, may approve a subdivision which does not conform to this bylaw, where the proposed use of the lots is either a permitted use or a discretionary use in the land use district in effect.

b) Recommendation to Vary the Bylaw

Council may recommend to the Subdivision Approving Authority or, on appeal, to the Subdivision and Development Appeal Board, that either body vary the Land Use Bylaw and approve a subdivision which does not conform to the bylaw.

1.13 Severability

If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the remainder of the bylaw is deemed valid.



2 DEFINITIONS

Accessory Building – means a building or structure which is separate but exclusively devoted to, and located on the same lot as, the principal building. This shall include, but is not restricted to, garages, carports, storage and garden sheds, playhouses and play equipment, hobby and recreational vehicle sheds, portable buildings, and quonsets or other such fabric covered structures.

Accessory Use – means the use of a building or land which is normally incidental and subordinate to the principal use of the site on which it is located. An accessory use may be permitted as part of the principal use at the discretion of the development authority.

Adjacent - means land that is contiguous to a site and includes land that would be contiguous if not for a public roadway, stream, pipeline, public utility lot, power line, railway or similar feature.

Adult Care Residence – means a development designed to provide long term housing wherein the adult residents, because of their circumstances, cannot or do not wish to maintain their own households, are provided with meal services and may receive such services as housekeeping and personal care.

Agricultural Use – means a use which is an agricultural operation as defined in the Agricultural Operation Practices Act.

Alcohol Sales - a development, or a space within a development, used for the retail sales to the public of any type of alcoholic beverages as defined under the Liquor Control Act.

Amenity Area - an area comprised of on-site, common or private space designed for active or passive recreational use by the occupants of the residential development.

Amusement Establishment, Major - a building or part of a building where four or more mechanical or electronic table games, including billiard tables, are kept for the purpose of furnishing entertainment or amusement to the public as a principal use.

Amusement Establishment, Minor - a building or part of a building where three or less mechanical or electronic table games, including billiard tables, are kept for the purpose of furnishing entertainment or amusement to the public as an accessory use.

Amusement Establishment, Outdoors - a development providing facilities for entertainment and amusement activities which primarily take place out-of-doors, where patrons are primarily participants. Typical uses include amusement parks, go-cart tracks and miniature golf courses. This does not include drive-in theatres or circuses.

Apartment - a building, except as otherwise defined herein, containing more than one dwelling unit in which the dwelling units are arranged in any horizontal or vertical configuration, which does not fit into any other residential building type.

Apartment Hotel – a development consisting of dwellings contained within a building having a common entrance, in which the dwellings are not available for daily lease. The dwellings are furnished with sleeping and bathing facilities, and may contain cooking facilities. Maid, telephone or desk service may be provided. Apartment hotels may contain commercial uses which are permitted or discretionary uses in the district the apartment hotel is located.



Area Redevelopment Plan - means a plan accepted or adopted by Council as an Area Redevelopment Plan pursuant to the Municipal Government Act.

Area Structure Plan - means a plan accepted or adopted by Council as an Area Structure Plan pursuant to the Municipal Government Act.

Arterial Street - see Street, Arterial.

Artisan Shop – means development used for small scale, on-site, production, display and sale of goods produced by hand manufacturing, primarily involving the use of hand tools. Typical uses include jewelry, toy and musical instrument manufacturing, pottery and sculpting studios, and galleries.

Auctioneering Establishment – means a development specifically intended for the auctioning of goods and equipment, including temporary storage of such goods and equipment.

Automotive and Equipment Repair Services – means a development used for the installation and servicing of automobiles, motorcycles, snowmobiles and similar vehicles, and the sale of related parts and accessories. This includes muffler shops, tire shops, automotive glass shops, but does not include autobody paint or repair shops.

Automotive and Minor Recreational Vehicles Sales and Rentals – a development used for the retail sale or rental of new or used automobiles, motorcycles, snowmobiles, or similar light recreational vehicles, with incidental maintenance services and sales of related parts and accessories.

Auto Body Services – means a development in which automobiles, motorcycles, snowmobiles and similar vehicles receive body repair and painting.

Bakery – means a factory for producing bread or other bakery products, but does not include a restaurant where the product is made for consumption.

Bake Shop – means a retail store that sells baked goods produced on the same premises and may contain facilities for the product to be consumed.

Balcony – an external extension of an upper floor of a building without ground support, which may be partly recessed and is intended for use as outdoor private amenity space.

Bare Land Condominium - means housing units administered under the Condominium Property Act, which allows for the division of a parcel of land into units and common property. Each member has title to a unit of land, as well as a proportionate share in the common property contained on the plan. A Condominium Association is responsible for maintenance of the common property.

Bars and Neighbourhood Pubs – a development where the primary purpose of the facility is for the sale and consumption of alcoholic beverages and a limited menu, where minors are prohibited during some hours of the hours of operation. Typical uses include neighbourhood pubs, bars and cocktail lounges.

Basement – means the lowest storey of a building which is wholly or partially below the natural grade level.



Bed and Breakfast - means a private, owner-occupied, house where two or fewer guest rooms are let for periods of fourteen (14) days or less with one meal provided on a daily basis to registered guests, and where such meals are prepared in a residential kitchen.

Bicycle Parking – means a rack or other structurally sound device which is designed for the securing of one or more bicycles in an orderly fashion.

Boarding Facilities - means a use consisting of sleeping facilities, which may be in addition to the household accommodation, but do not require separate cooking and/or sanitary facilities.

Building - includes any thing constructed or placed on, in, over or under land but does not include a highway, public roadway or a bridge.

Building Permit - a building permit issued pursuant to the Safety Codes Act and the Building Permit Bylaw authorizing construction.

Building Code – means the Building Code Regulations of the Safety Codes Act, as amended from time to time.

Business Support Services - refers to support services for businesses, which are characterized by the use of minor mechanical equipment for printing, duplicating, binding or photographic processing and similar types of purposes. Other types of services may include the provision of office maintenance or custodial services, office security, and the sale, repair and servicing of office equipment, furniture and machines.

Caliper – the diameter of a trunk of a tree measured at 0.3 metres above the ground.

Campground – means the development of land which has been planned and improved for the use of holiday trailers, motor homes, tents, campers and similar Recreational Vehicles, and is not used as year round storage or accommodation for residential uses.

Car Wash - a building or part of a building that is used for washing vehicles.

Carport - a roofed structure used for storing or parking of not more than two private vehicles, which has not less than forty (40) percent of its total perimeter open and unobstructed.

Cemetery – means a use of land or a building for the interment of the deceased. Typical uses include memorial parks, burial grounds and gardens of remembrance.

Chimney – means a primarily vertical shaft of reinforced concrete, masonry, or other approved materials, enclosing at least one flue for the purpose of removing products of combustion to the outdoors.

Commercial Vehicle – means a vehicle, under the Traffic Safety Act, operated on a highway by or on behalf of a person for the purpose of providing transportation, but does not include a private passenger vehicle. A commercial vehicle is used for carrying goods, equipment or passengers and includes trucks, trailers, vans or buses.

Community Buildings and Facilities – means buildings and facilities which provide a non-profit public service for use and enjoyment by area residents for cultural, educational, recreational and assembly purposes. A typical use would be a public library, but does not include places of worship.



Condominium – means a development in which individually owned units of real estate are contained within a building or a parcel of land that is owned, in common, by the owners of the units. This may include, but is not limited to dwelling units within an apartment buildings, row houses, or units or bays within a commercial or industrial building.

Contractor Services - means the provision of building construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or similar services, which require on-site storage space for materials, construction equipment or vehicles. Any sales, display, or technical support service areas shall be accessory to the principal use only.

Contractor Services, Limited – a development used for the provision of electrical, heating, plumbing, painting and similar contractor services primarily to individual households, and the accessory sale of associated goods. This includes development where all materials are stored within an enclosed building and there are no accessory manufacturing activities or storage of more than three fleet vehicles.

Council - means the Council of the Town of Stony Plain.

Curb Cut - means the lowering of a curb, sidewalk or boulevard to provide vehicular and/or pedestrian access to a parcel.

Day Care Facility - any facility, with the exception of a Family Day Home, where care, protection and supervision are provided:

a) for seven (7) or more children;

b) for periods of more than three (3) but less than twenty-four (24) consecutive hours;

c) at least twelve (12) consecutive weeks in the year

pursuant to the Social Care Facilities Licensing Act as amended from time to time.

Deck – means an uncovered horizontal structure with a surface height greater than 0.6 metres above grade at any point, and is intended for use as private amenity space, and does not include a patio, veranda or balcony.

Density – means, when used in reference to a residential or residential related development, the number of dwellings on a site, expressed in dwelling units per hectare.

Detached Dwelling – means a building containing only one principal dwelling unit.

Developer - means an owner, agent or any person, firm or company required to obtain or who has obtained a development permit or agreement.

Development - means

a) an excavation or stockpile and the creation of either of them;

b) a building, or an addition to, or replacement, or repair of, a building and the construction or placing of any of them in, on, over or under land;

c) a change of use of land or a building or an act done in relation to land or a building that results in, or is likely to result in, a change in the use of the land or building;



d) a change in the intensity of use of land or a building or an act done in relation to land or a building that results in, or is likely to result in, a change in the intensity of use of the land or building; or

e) the erection of signs.

Development Agreement – means an agreement that may be required between the Developer and the Town in the form of a signed document which sets out any specific requirements of the Town or municipal improvements with respect to any development or subdivision to be undertaken within the Town.

Development Authority - the official or officials of the municipality appointed by Council with the responsibility of receiving, considering and deciding on applications for development under this Land Use Bylaw, and includes a Development Officer and the Municipal Planning Commission.

Development Permit - a certificate or document permitting a specified development and includes, where applicable, a site plan or drawing or a set of plans or drawings, specifications or other documents. This permit is separate and distinct from a building permit.

Direct Control District - an area designated by Council, pursuant to the Municipal Government Act (s. 641, MGA), for the purpose of exercising particular control over the use and development of the land and buildings.

Discontinued - means the time at which, in the opinion of the development authority, substantial construction activity, a non-conforming use, or a conforming use has ceased.

Discretionary Use - a use of land, building or other structure provided for in the various Land Use Districts of this bylaw, for which a development permit may be issued with or without conditions, upon an application having been made and the public notified in accordance with the Municipal Government Act.

Double Fronting Lot - means a site which abuts two public streets (except a lane), which are parallel or nearly parallel where abutting the site.

Drive-in Business - means an establishment which services customers traveling in motor vehicles, where the customer normally remains in the vehicle while receiving service and includes but is not limited to drive-in food services, financial services, gas bars, service stations water filling stations, and car washes.

Drive-in Food Services – means a development used for eating and drinking, which offers a limited menu produced in a manner that allows rapid customer service and includes one or more of the following features: car attendant services, drive-through services, or parking primarily intended for on-site consumption of food within a motor vehicle.

Driveway – means a paved or unpaved strip of private land that provides access and maneuvering space for vehicles to a parking space or parking spaces, a garage, dwelling or other structure.

Duplex - a building divided horizontally into two dwelling units, where one unit is located above the other, each with a separate private entrance. (see Figure 2.1)



Duplex, side-by-side – a building that is divided vertically into two dwelling units by a common wall extending from the base of the foundation to the roof line, where each dwelling unit may be registered upon a separate titled lot. (see Figure 2.2)

Dwelling – means any building or structure used exclusively for human habitation and which is supported on a permanent foundation or base which may extend below ground level and includes multiple dwellings, apartments, lodging and boarding houses, but does not include mobile homes on any form of temporary foundation.

Dwelling Unit – means a complete building or structure or self-contained portion of a building intended for domestic purposes with its own separate cooking, sleeping and sanitary facilities.

Easement - the right of a person, government agency or public utility company to use public or

private land owned by another for a specific purpose.

Education Services - means private or public

development involving assembly for educational, training, or instructional purposes outside the conventional school program.

Equipment Rentals – means a development used for the rental of tools, appliances, office machines, furniture, light construction

equipment, industrial equipment, farm equipment or similar items. This does not include the rental of motor vehicles or recreational vehicles.

Excavation - means any breaking of ground, but does not include landscaping of a use for which a development permit has been issued, common household gardening, agricultural cultivating and ground care.

Extensive Agricultural Use - the growing of cereal, feed or forage crops and the rearing of livestock and poultry on extensive areas of land on an unconfined basis.

Extended Medical Treatment Services – a development providing room, board, surgical or other medical treatment for the sick, injured or infirmed including outpatient services and accessory staff residences. Typical uses include hospitals, auxiliary hospitals, sanatoriums and nursing homes.

Figure 2.2 Side-By-Side Duplex Design

Figure 2.1 Duplex Design



Family Day Home - a private residence where care, development and supervision are provided:

a) for a maximum of six (6) children;

b) for more than three (3) hours but less than twenty-four (24) consecutive hours in each day that the facility is operating; and

c) for at least twelve (12) consecutive weeks per year

as approved by Family Day Home Agencies under agreement with local Child and Family Service Authorities.

Fence - means a vertical physical barrier constructed to prevent visual intrusion, unauthorized access or sound abatement.

Flood Fringe – the area adjacent to the flood risk area, the boundary of which is defined by the elevation of a 1:100 year flood, plus a factor of safety of 0.5 metres (see Figure 2.3).

Flood Risk Area - the area within a channel of a permanent or ephemeral drainage or stream course and the adjacent areas that would be inundated with water after a 1:100 year storm event (see Figure 2.3).

Figure 2.3 Cross Section of Flood Risk and Flood Fringe Area

Floor Area, Gross - the total floor area of a building above grade, measured between the exterior faces of the exterior walls or within the glass line of exterior walls and the centre line of fire walls but not including the floor areas of basements, attached garages, sheds, open porches or breezeways.



Foster Home – temporary family-based care to children who cannot remain in their own home due to child protection concerns or exceptional special needs, where the child will return to his or her own family at an appropriate time.

Foundation - means the lower portion of a building, usually concrete, wood or masonry, and includes the footings, which transfer the weight from a building to the ground.

Fourplex – a building containing four dwelling units separated by one common wall or located on two or more floors with each dwelling having a direct entrance at grade.

Funeral Home - a building for the preparation of the dead for burial or cremation and the holding of funeral services.

Garage - an accessory building or part of the principal building, designed and used primarily for the storage of motor vehicles.

Garage, Integral – means a garage that is part of the structure of a building.

Garage, Recessed – means an attached garage that is located along a recessed wall.

Gas Bar – means a development used for the retail sale of petroleum products and incidental auto accessories.

General Industrial – means a development used for one or more of the following activities: the manufacturing, processing, assembling, cleaning, repairing, servicing, testing, storage, warehousing, distribution or trans-shipment of materials, finished goods, products or equipment. It may include as an accessory use to the principal use, such as: storage, display, sales offices and technical or administrative support areas. (see Sec. 79, LUB)

Government Services – a development which provides municipal, provincial or federal services directly to the public, and includes taxation houses, courthouses, postal distribution offices, manpower and employment offices and social services offices. (see Sec. 72, 73, 76, 82, LUB)

Grade - the elevation of the finished ground surface, at any point immediately adjacent to the walls of the building. If the lot is not level, the grade shall be determined by averaging the ground elevation for each face of the building.

Greenhouses and Plant Nurseries – a development used primarily for the raising, storage, basic processing and sale of fruit and vegetable, bedding, edible, household and ornamental plants.

Gross Vehicle Weight – means the total weight of a vehicle including: the weight of the vehicle, fuel, passengers, cargo and trailer tongue weight.

Group Home - a dwelling consisting of the use of the building as a facility that is recognized, licensed or certified under provincial government regulations and shared by four or more unrelated persons, who are aged, disabled or are undergoing rehabilitation; plus resident staff who provide care, education and facilitate participation in community activities for the residents. This does not include a development for young or adult offenders, or for persons awaiting disposition of court charges against them, nor for persons undergoing treatment for substance abuse. (see Sec. 35, LUB)



Group Home, Limited - a dwelling, consisting of the use of the building as a facility which is recognized, licensed or certified by a public authority as a social care facility and shared by less than four unrelated persons, who are aged, disabled or are undergoing rehabilitation, plus resident staff who provide care, education and facilitate participation in community activities for the residents. This does not include a development for young or adult offenders, or for persons awaiting disposition of court charges against them, nor for persons undergoing treatment for substance abuse. (see Sec. 35, LUB)

Gross Leasable Area – means the total floor area of the building contained within the outside surface of the exterior and basement walls, and includes enclosed and heated malls, but excludes mechanical and utility rooms, public washrooms, stairwells and elevators.

Guest Ranch – means a development where an area of land is used primarily for ranching activities oriented towards tourists and visitors.

Hazardous Substances - any product, substance or organism which, because of its quantity, concentration or risk of spill, or its physical, chemical or infectious characteristics, either individually or in combination with other substances, is an existing or potential threat to the physical environment, to human health or to living organisms. (see Sec. 25, LUB)

Health Clinic - a building designed and used for the diagnosis and treatment of patients on an out-patient basis. Typical uses include health clinics which may include one or more of the following: medical, dental or counseling offices. (see Sec. 71-77, LUB)

Height - the vertical distance measured from the finished grade at the front of the building to the highest point of a roof for flat roofs; and to the top of the ridge on all other roofs. (see Figure 2.4)

Highway – means a highway as defined by the Municipal Government Act (s. 616(h), MGA).

Home Occupation, Major - the accessory use of a dwelling unit or a garage by a resident for business purposes which does not generate traffic due to business associated visits that would be a nuisance to adjacent residents; does not require parking of a Commercial vehicle over 6,000 kg in Gross Vehicle Weight; does not require more than one non-resident persons employed within the dwelling; is not detectable from outside the dwelling; and does not extend to the outside yard. (see Sec. 34, LUB)

Home Occupation, Minor - the accessory use of a dwelling unit by a resident for small scale business purposes, which does not change the character thereof or have any exterior

Figure 2.4 Height Dimensions



evidence of such secondary use; does not require non-residents employed within the dwelling; does not extend the business activity to the garage or outside yard; and does not require parking of any Commercial vehicle over 6,000kg in Gross Vehicle Weight. (see Sec. 34, LUB)

Hotel - a facility offering transient lodging accommodations, normally on a daily rate, to the general public and providing additional services, such as restaurants, meeting rooms and recreational amenities. (see Sec 72 & 77, LUB)

Household - means a single person occupying a dwelling unit; or two or more persons related by heredity, marriage, a common law relationship or adoption, who together are occupying a dwelling unit.

Household Repair Services – a development used for the repair of equipment and appliances normally found in the home and includes television, radio and similar appliances, as well as furniture refinishing and upholstery services. (see Sec. 72, 76 & 77, LUB)

Industrial, General - (see General Industrial)

Industrial, Light - a use engaged in the manufacture, predominantly from previously prepared materials or finished products or parts and including processing, fabrication, assembly, treatment, packaging, incidental storage or sales and distribution of such products, but excluding basic industrial processing. (see Sec. 78, LUB)

Industrial Vehicle and Equipment Sales, Service and Rental – a development used for the retail sale, service and rentals of industrial vehicles and equipment including, but not limited to, farm equipment, cargo and flatbed trailers, lifts and heavy duty trucks. (see Sec. 78, LUB)

Kennel - means any building or premises in which dogs, cats or other household pets are groomed, bred, boarded, trained or sold for remuneration. (see Sec. 38, 43, 64, 78 & 81, LUB)

Landing – an uncovered platform extending horizontally from a building abutting an entry door at the end of a set of stairs, or between two sets of stairs.

Landscaping - the modification and enhancement of a site through the use of the following elements:

a) soft landscaping - the use of living plant materials such as trees, shrubs, hedges, grass and other ground covers, plus modification of the landform such as berming and terracing; and/or

b) hard landscaping - the use of non-vegetative materials such as brick, stone, concrete, tile or wood, excluding asphalt for the purpose of surface paving.

(see Sec. 26, and Appendix B)

Lane - a public thoroughfare for vehicles, the right-of-way of which does not exceed 10.0 metres and is not less than 6.0 metres in width, and which provides a secondary means of access to a parcel or parcels. (see Sec. 45, LUB)

LUB – means, the Land Use Bylaw of the Town of Stony Plain in the Province of Alberta.

Loading Space - an off-street space for the temporary parking of a commercial or passenger vehicle while it is being loaded or unloaded. (see Sec. 50, LUB)



Lodging House – a development consisting of a building containing sleeping units, which may be in addition to a dwelling, where lodging and sleeping accommodations, with or without meals, is provided for remuneration. This use includes senior’s lodges, but does not include group homes.

Lot - a part of a parcel of land, the boundaries of which are separately described in a certificate of title and which may or may not be shown on a registered plan of subdivision.

Lot, Corner - a lot that abuts two streets,

which intersect at an angle not exceeding one hundred thirty-five (135) degrees.

Lot, Coverage – that portion of the lot covered by buildings or structures over 0.6 metres in height, measured from where the structures meet the ground, this does not include accessory buildings with a floor area less than 10.0 m2.

Lot, Depth - the average horizontal distance between the front and rear lot lines measured perpendicular to the street or perpendicular to the tangent of the curve from the mid-point on the front lot line. In the case of irregularly or pie-shaped lots, an individual lot depth may be reduced provided that the average lot depth along the street complies with the required minimum lot depth.

Lot, Frontage - means the lineal distance measured along the front lot line. On double fronting lots, all sides of a lot adjacent to streets shall be considered frontage.

Lot, Interior - a lot which is bounded by only one street.

Lot, Width – the minimum average horizontal distance between the side boundaries of the lot; or in the case of irregularly or pie-shaped lots the distance between the side boundaries of the lot at the minimum permissible front yard setback measured parallel to the street or at right angles to the tangent on a curved street.

Lot Line, Front - the property line of a lot abutting a public roadway other than a lane. For a corner lot, the front lot line is the lot line on the same street as the front lot lines of lots on the same block face (see Figure 2.5).

Lot Line, Rear - the lot line or point of intersection of the side lot lines farthest from and opposite the front lot line.

Lot Line, Side - a lot line other than a front or rear lot line.

Lot Line, Zero – the construction of a building on any boundary lines of the lot.

Figure 2.5 Lot Lines and Yards for Corner and Double Fronting Sites



Main Street - means the portion of 50 Street that is within the C-B Central Business District (see Sec. 73, LUB).

Maintenance – means work that is done regularly to keep a building or property in good condition.

Manufactured Home – means a dwelling that meets CSA-Z240MH standards and is moved from one point to another by being towed or carried, which is capable of providing permanent accommodation, either by itself or when joined with other similar sections.

Manufactured Home Court - an area designated for manufactured homes and containing sites designated for fee simple or leasehold tenure, which do not have a registered subdivision plan of lots.

Manufactured Home Subdivision – an area subdivided by a registered plan of survey, containing lots intended for freehold or leasehold tenure and used for manufactured homes.

Manufacturing, Large Scale - A use that is engaged in manufacturing, assembly, fabrication, packaging, or other industrial processing of products, primarily from extracted or raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line. This term includes but is not limited to:

a) processing and packaging of alcohol beverages; b) chemical manufacturing; c) stonework or concrete product manufacturing; d) fabrication of metal products;. e) manufacturing of agricultural, construction, or mining machinery; f) motor vehicle manufacturing; g) lumber milling; h) ship or boat construction i) permanent concrete/batch plant.

(see Sec. 79, LUB)

Manufacturing, Small Scale - means small scale, on-site production of goods by hand manufacturing, primarily involving the use of hand tools including, but not limited to woodworking, wool processing and small scale welding. (see Sec. 78, LUB)

Meat Processing Facility – means a development in which meat products are processed and packaged. This does not include a retail store in which the meat products are sold to consumers. (see Sec. 79, LUB)

Mini Storage - a development that provides walk-in size cubicles for public rent for the storage of goods. (see Sec. 78, LUB)

Modular Home – means a pre-fabricated dwelling unit that meets or exceeds the Alberta Building Code standards, which may be stacked side-by-side or vertically upon a permanent foundation, and completed to form one or more complete dwelling units for permanent occupancy. (see Sec. 59 – 62, 64 & 70, LUB)



Motel - a building or group of buildings, detached or connected, designed or used for providing temporary sleeping accommodation to the public and each unit of which has a separate outside entrance and an adjoining parking space. (see Sec. 77, LUB)

Municipal Development Plan - means the statutory plan adopted by Council as a Municipal Development Plan, pursuant to the Municipal Government Act (s. 632, MGA).

MGA - means the Municipal Government Act, being chapter M-26 of the Statutes of Alberta and amendments thereto and the regulations passed thereto.

Municipal Improvements – the works or items which Council or the development authority may request a developer to construct, install and maintain as a condition attached to the issuance of a development permit, and may include any or all those works as defined pursuant to the provisions of the Municipal Government Act (s. 391, MGA).

Municipal Planning Commission - means a body appointed by Council to exercise the duties required by this bylaw. (see Sec. 3.2, LUB)

Municipality - means the Town of Stony Plain, in the Province of Alberta.

Neighbourhood Convenience Store - a store that sells those goods required by area residents or employees on a day-to-day basis from business premises that do not exceed 275 m2 in gross floor area. This does not include alcohol sales outlets. (see Sec. 73 – 75, 78, LUB)

Non-conforming Building - any building that was lawfully constructed and that on the date this Land Use Bylaw or any subsequent amendment becomes effective, will not comply with the regulations for the district in which it is located. (see Sec. 4.4, LUB)

Non-conforming Use - a lawful use of land or a building that, on the date the Land Use Bylaw or any subsequent amendment becomes effective, will not, or, in the case of the use of a building under construction, would not, comply with the current Land Use Bylaw. (see Sec. 4.4, LUB)

Occupancy - means the use or intended use of a building, or part thereof, for the shelter or support of persons or property.

Occupancy Permit - means a permit authorizing occupancy of a building.

Office - a building, or a portion of a building, where non-retail services are performed for the following purposes:

a) administration/management; b) sales; c) general business; d) professional service;

e) real estate; f) financial services; g) office support services; or h) insurance.

(see Sec. 69, 71 – 78, LUB)

Overlay – means additional development regulations superimposed on specific areas of the Land Use Bylaw map, which supersede or add to the development regulations of the underlying districting. (see Sec. 56 – 58, LUB)

Parapet Wall - that part of an exterior, party or fire wall extending above the roof line or a wall which serves as a guard at the edge of a balcony or roof.



Parcel - the aggregate of one or more areas of land or lots described in a certificate of title or described in a certificate of title by reference to a plan filed or registered in a Land Titles Office.

Park – an area of land, with or without buildings, set aside for the use and enjoyment of the public and may include active and passive recreational activities. (see Sec. 75, 77, 78, 80, LUB)

Parking Facility - the area set aside for the storage and parking of vehicles including parking stalls, loading spaces, aisles, entrances and exits to the site, and traffic islands where they are part of the parking lot. (see Part IV, LUB)

Parkades – means a use in which vehicles are designed to be parked in tiers of floors, and includes underground parking. (see Part IV, LUB)

Parking Lot – means a use in which vehicles are parked at grade and uncovered. (see Part IV, LUB)

Parking Stall - a space demarcated for the parking of one vehicle. (see Part IV, LUB)

Patio – an uncovered horizontal structure with a surface height at any point less than 0.6 metres above grade, intended for use as outdoor amenity space.

Penthouse – a dwelling on a roof of a structure that is usually set back from the outer walls, or a structure on a roof to conceal or cover machinery.

Permitted Use - the use of land or a building provided for in the districts of this bylaw for which a development permit shall be issued with or without conditions after an application has been made and that conforms to the Land Use Bylaw.

Personal Services - refers to the provision of services which are related to the care and appearance of the body, or the cleaning and repair of personal effects; including but not limited to the following: barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair shops, dry cleaning establishments and laundromats, but not including health clinics. (see Sec. 68, 69, 71–77, LUB)

Pet Shop – a development in which a variety of animals, including fish for home aquariums, small birds, reptiles and mammals are sold for retail. Pet shops also sell food, supplies and accessories. This use class does not include kennels. (see Sec. 43, 73, 76 & 77, LUB)

Places of Worship - a development owned and used by a religious organization for worship and related religious, philanthropic, or social activities including rectories, manses, classrooms, dormitories and accessory buildings. Typical uses include churches, chapels, mosques, temples, synagogues, parish halls, convents and monasteries. (see Sec. 40, 72, 82, LUB)

Plan of Subdivision – A plan of survey prepared in accordance with the Land Titles Act for the purpose of effecting a subdivision.



Principal Building - a building which:

a) occupies the major or central portion of a site;

b) is the chief or main building among one or more buildings on the site; or,

c) constitutes, by reason of its use, the primary purpose for which the site is used.

Principal Use - the primary purpose for which a building or site is used. There shall be no more than one principal use on each site unless otherwise permitted in this bylaw.

Private Club - a building, or part of a building, used exclusively by the members and guests of a non-profit club for meetings, social, recreational or athletic activities, without on-site residences. Private clubs may include rooms for eating, drinking and assembly. (see Sec. 72, 72, 76, 82, LUB)

Protective and Emergency Services - a development which is required for the public protection of persons and property from injury, harm or damage together with the incidental storage of emergency equipment and vehicles. Typical uses include police stations, fire stations, and ancillary training facilities. (see Sec. 76, 77, 82, LUB)

Radio Communication – any transmission emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by means of wireless technology.

Radio Communication Structure – means any structure, facility or apparatus or other thing that is used or is capable of being used for radio communication or any operation directly connected with radio communication, and includes transmission facilities, antennas and satellite reception dishes. (see Sec. 4.3, 44, 76, 78, 79, 81, LUB)

Real Property Report – a document signed by a certified Alberta Land Surveyor, indicating with measurements, the location of buildings on a property in relation to the property lines or other buildings thereon.

Recessed Balcony – a balcony that is enclosed on at least two sides by other than a railing or privacy wall.

Recreational Establishment - a development providing facilities within an enclosed building for sports and active recreation where patrons are predominantly participants and any spectators are incidental and attend on a sporadic basis. (see Sec. 74–78, 80, 81, LUB)

Recreational Vehicle – means a vehicle that provides temporary accommodation for recreation or travel purposes and includes, but is not limited to campers, tent trailers, fifth wheels travel trailers, motor homes, boats, and any such trailer used to transport the recreational vehicle. (see Sec. 23, LUB)

Recreational Vehicle and Mobile Home Sales and Rental – a development used for the sale or rental of new or used recreational vehicles and mobile homes together with incidental maintenance services and the sale of related parts and accessories. (see Sec. 77-78, LUB)

Recreational Vehicle Parking Space – a plot of ground within a residential district designed to accommodate the parking of one recreational vehicle.



Recycle Depot – means the use of property for the buying and temporary storage of bottles and newspapers for re-use where all storage is within an enclosed building. (see Sec. 76-79, LUB)

Recycling Drop-off Centre – means a development used for the collection and temporary storage of recyclable materials including bottles, cans, paper and similar household goods for transfer. Recyclable materials shall be periodically removed and taken to larger permanent recycling operations for final recycling. All storage shall be contained within enclosed storage containers or within a fenced compound. (see Sec. 66, 68–70, 72, 74–78, 81, LUB)

Renovation – means to bring a building or structure back to a former better state by means of repairs, redecoration or remodeling.

Restaurant, Major – an establishment that serves prepared food and beverages to the public within an establishment which has a seating capacity for fifty (50) or more persons and may be characterized by one or more of the following features: the provision of theater, dancing, on-site catering for large groups or facilities intended for the provision and consumption of alcoholic beverages. (see Sec. 77, 76, LUB)

Restaurant, Minor - an establishment that serves prepared food and beverages to the public for consumption on or off the site, which includes cafes, tea rooms, licensed restaurants and take-out restaurants which has a seating capacity for less than fifty (50) persons. This use class does not include Drive-in food services. (see Sec. 71-78, 82, LUB)

Retail Store, Major – refers to the retail sale of groceries, household goods, clothing, jewelry, furniture and appliances, hardware, printed matter, confectionery, gifts and souvenirs, tobacco, pharmaceutical and personal care items, automotive parts and accessories, office equipment, stationery and similar goods from within an enclosed building that has a minimum gross floor area of 500 m2. Accessory public services, such as postal services and film processing depots, are permitted within general retail stores. This does not include alcohol sales outlets. (see Sec. 77, 76, LUB)

Retail Store, Minor – refers to the retail sale of groceries, household goods, clothing, jewelry, furniture and appliances, hardware, printed matter, confectionery, gifts and souvenirs, tobacco, pharmaceutical and personal care items, automotive parts and accessories, office equipment, stationery and similar goods from within an enclosed building that has a maximum gross floor area of 500 m2. Accessory public services, such as postal services and film processing depots, are permitted within general retail stores. This does not include alcohol sales outlets. (see Sec. 68–78, LUB)

Row House – a building containing a row of more than two dwelling units divided vertically with no dwelling unit being placed over another and each with separate, direct entrance at grade. (see Sec 66–68, LUB)

School – means a facility for instruction that is regulated under the Public or Separate School Board System or otherwise sanctioned by Council. (see Sec. 82, LUB)



Secondary Suite – a development consisting of a self-contained dwelling unit located on a residential lot in which the principal use is a single dwelling, where both dwelling units are registered on the same Title. A secondary suite has cooking, food preparation, sleeping and bathing facilities which are separate from those of the principal dwelling unit. (see Sec. 33, 59–65, 72, LUB)

Safety Codes Officer – means an individual designated as a Safety Codes Officer under the Safety Codes Act (s. 27, Safety Codes Act), Statutes of Alberta, 1991 and amendments thereto.

Separation Space - the horizontal open space provided around a dwelling to ensure adequate light, air, and privacy, for activities undertaken within the dwelling. Separation space shall be provided in accordance with the requirements of the Alberta Building Code.

Service Station, Major – means a development used for the servicing, washing and repairing of vehicles; and the sale of gasoline, lubricating oils and a limited range of vehicle parts and accessories; and may include restaurants. Typical uses include truck stops and highway service stations. (see Drive-in Business, Sec. 39, 76-79, LUB)

Service Station, Minor – a development used for the routine servicing and repair of vehicles within a building containing not more than three service bays; and for the sale of lubricating oils, gasoline and automobile accessories. (see Drive-in Business, Sec. 39, 76-79, LUB)

Setback – means the minimum horizontal distance between the property line and the nearest point on the front, side or rear of the exterior wall of the building or structure, excluding the eaves.

Shipping Container - means a standardized, reusable vessel that is or appears to be originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, or designed for or capable of being mounted or moved on a rail car, or designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. This includes intermodal containers made of corrugated metal and any shipping container used for storage. (see Sec. 31, LUB)

Shopping Centre, Community – a group of commercial establishments that are planned or managed as a unit and provide a wide variety of goods and services to several neighbourhoods. A Community shopping centre has a gross floor area of at least 3,000 m2 but not exceeding 10,000 m2 and shares on-site parking. It may include a grocery store, offices, and other compatible non-commercial uses. (see Retail Store, Major, Sec. 76, 77, LUB)

Shopping Centre, Neighbourhood - a group of commercial establishments that are planned or managed as a unit and provide goods and services to the immediate neighbourhood. A Neighbourhood shopping centre has a gross floor area of 3,000 m2 or less and shares on-site parking. (see Sec. 74, 75, LUB)

Shopping Centre, Regional – a group of commercial establishments that are planned or managed as a unit and provides a wide variety of goods and services to the regional area. A Regional shopping centre has a gross floor area in excess of 10,000 m2 and shares on-site parking. (see Sec. 77, LUB)

Show Home - a permanent dwelling which is constructed for the temporary purpose of illustrating to the public the type or character of a dwelling or dwellings to be constructed in



other parts of a subdivision or development area. Show homes may contain offices for the sale of other lots or dwellings in the area. (see Sec. 37, 59–71, 76–77, 86, LUB)

Show Suite – a permanent suite which is constructed for the temporary purpose of illustrating to the public the type and character of a dwelling or dwellings to be constructed in

other parts of a subdivision or development area. (see Sec. 72-73, 85, 87, LUB)

Site - refers to one or more lots or parcels for which an application for a development permit has been made, and may include streets, lanes, walkways and any other land surface upon which development is proposed. (see Lot and Parcel)

Site Area – the total area of a site.

Site Coverage - that portion of the site covered by buildings or structures over 0.6 metres in height, measured from where the buildings or structures meet the ground, this does not include accessory buildings with a floor area less than 10 m2.

Stacked Row House Dwelling - means a dwelling contained within a rowhouse building in which one row of dwelling units may be placed over another. Each dwelling unit shall have separate and individual access, not necessarily directly to grade, provided that no more than two dwelling units may share access to grade, and such access shall not be located more than 5.5 metres above grade. (see Sec. 66, 68, LUB)

Statutory Plan - means a Municipal Development Plan, Area Structure Plan, or Area Redevelopment Plan adopted pursuant to the Municipal Government Act.

Storey - the space between the top of any floor and the top of the next floor above it, and if there is no floor above it, the portion between the top of the floor and the ceiling above it (see Figure 2.6). A basement shall be considered a storey in calculating the height of a building if the upper face of the floor above it is more than 1.8 metres above grade. (see Figure 2.6)

Street - a right-of-way no less than 10.0 metres in width used for a public thoroughfare and designed for the use of vehicular and pedestrian traffic, but does not include a lane (see Figure 2.7).

Street, Arterial - an intra-municipal street which conveys traffic between quadrants within the town. Efficient movement of vehicles is the primary function of arterial roads, hence private access and frontage should be controlled and limited to developments which are high volume traffic generators. (see Sec. 45, LUB)

Street, Collector - a street serving neighbourhood travel which is designed to collect and distribute traffic between local and arterial streets. (see Sec. 45, LUB)

Street, Local - a street that provides frontage for service and access to private lots. These streets carry only traffic destined for or originating from the street itself. (see Sec. 45, LUB)

Figure 2.6 Storey



Structure - means anything constructed or erected with a fixed location on the ground or attached to something on the ground; including but not limited to hot tubs, decks, satellite dishes, fences, signs and radio towers.

Subdivision and Development Appeal Board - means the Subdivision and Development Appeal Board appointed by Council, pursuant to the Municipal Government Act (s.627(1), MGA).

Surveillance Suite - means a single residential unit forming part of a development and used solely to accommodate a person or persons whose official function is to provide surveillance for the maintenance and safety of the development. The surveillance suite shall be clearly a subordinate part of the development with which it is associated. (see Sec. 41, 78, 79, LUB)

Temporary Development - a building or structure that has been permitted to exist for a limited period of time, as determined by the development authority.

Traffic Island - an area or space officially set aside within a street, lane or parking lot as prohibited for use by motor vehicles and which is marked or indicated by construction so as to be plainly visible at all times.

Use - the utilization of land or a building.

Utility - the components of a sewage, storm water or solid waste disposal system or a telecommunication, electrical power, water, gas or oil distribution system.

Utility Building - a building that houses any equipment used in connection with the utility, but does not contain an office. (see Sec. 20, LUB)

Vehicle and Equipment Storage – means a development used for the outdoor storage of recreational vehicles and other equipment and does not involve the erection of permanent structures. (see Sec. 78, 79, LUB)

Veranda – a deck or balcony that is attached to the front exterior of a dwelling with the roof extending beyond the main building that is supported by pillars, and usually surrounded by a railing.

Veterinary Clinic - a building that provides for the surgical or medical treatment or examination of animals. (see Sec. 43, 76, 78, LUB)

Visual Buffer - refers to the visual de-emphasis of a structure, or activity by means of a fence, soft landscaping, hard landscaping or a combination thereof.

Figure 2.7 Hierarchy of Streets



Figure 2.9 Zero Side Yards

Warehousing - a use that involves the storage, wholesaling, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. (see Sec. 78, 79, LUB)

Wholesale Stores – means a development used for the wholesale or retail sale or a limited range of bulky goods from within an enclosed building where the size and nature of the principal goods being sold typically require large floor areas for direct display to the consumer. This includes stores where the principal goods being sold are bulky items such as furniture, carpet, major appliances and building materials. (see Sec. 77, LUB)

Yard - a required open space

unoccupied and unobstructed by any building, structure or portion of a structure, unless otherwise permitted in this bylaw, above the general ground level of the graded lot. This includes any or all of the front, rear and side yards (see Figure 2.8).

Yard, Front - the part of a lot that extends across the full width of a lot between the front lot line and the nearest point on the exterior of the building or structure, except any structure that the bylaw permits to be located in a yard.

Yard, Rear - that part of a lot which extends across the full width of a lot between the rear lot line and the nearest point on the exterior of the building or structure except any structure that the bylaw permits to be located in a yard.

Yard, Side - that part of a lot which extends from a front yard to the rear yard between the side lot line of a lot and the nearest point on the exterior of the building or structure except any structure that the bylaw permits to be located in a yard.

Yard, Zero Side – means a case in which development is permitted to be built on the side lot line, with no required side yard

setback (Figure 2.9). (see Sec. 29, LUB)

Figure 2.8 Yards and Lot Lines

PART II – AGENCIES Page 30


PART II – AGENCIES

The purpose of Part II is to establish the duties of the approving authorities which will administer and enforce this bylaw.

3 ESTABLISHMENT AND DUTIES OF THE DEVELOPMENT AUTHORITY

3.1 Development Officer

The development officer is hereby established and shall be filled by one or more persons as appointed by resolution of Council, and is authorized to act as the development authority in those matters prescribed in this bylaw. The development officer:

a) shall make available for inspection during regular municipal office hours:

(i) a copy of this bylaw as amended,

(ii) a register of all applications including the decisions rendered on them and the reasons therefore;

b) shall ensure that copies of this bylaw can be purchased by the public at a reasonable cost,

c) shall receive, consider and decide on applications for a development permit for:

(i) permitted uses,

(ii) permitted uses that require a variance of ten (10) percent or less, subject to the regulations of Section 6.5,

(iii) discretionary uses to occupy a building, bay or site for which a development permit has been issued for the construction of the principle building,

(iv) home occupations,

(v) excavations or demolitions;

d) shall refer development permit applications to the Municipal Planning Commission for decisions that have not been assigned to the development officer, pursuant to subsection c);

e) may initiate lawful action as described in Section 9 - Enforcement of this bylaw necessary to ensure compliance with or prevent violation of this bylaw;

f) may, in accordance with the Municipal Government Act (s. 542, MGA), enter onto the land or into a building for the purpose of ensuring compliance with this Land Use Bylaw;

g) shall carry out their duties as prescribed in the Municipal Government Act with regard to appeals or designate a person to do the same;

PART II – AGENCIES Page 31


h) shall refer mural applications to the appropriate committee as established by Council for an evaluation of the application relative to the Mural Design Guidelines prior to issuing a permit;

i) shall perform such duties as established by Council to enforce this bylaw in conformance with the Municipal Government Act;

j) shall issue a permit for an application for a development permit where the proposed use is included on the permitted use list of a DC - Direct Control District and the proposed development conforms in every respect to the provisions of the same DC - Direct Control District.

3.2 Municipal Planning Commission

Council may establish a Municipal Planning Commission to act as the development authority in those matters prescribed in this bylaw. The Municipal Planning Commission:

a) shall decide upon all development permit applications referred to it by a development officer;

b) shall advise Council with respect to subdivision applications within the boundaries of the municipality;

c) shall advise and assist Council on the planning for orderly, economical and beneficial development and use of land within the municipality;

d) shall decide upon all developer enforced design controls or guidelines as required within a development agreement, as well as town enforced design controls or guidelines;

e) shall advise Council on discretionary development permit applications for lands designated DC - Direct Control Districts;

f) shall decide upon all subdivision and street names; and

g) shall perform such other duties as described or implied in this bylaw or as may be assigned by Council.

3.3 Subdivision and Development Appeal Board

a) The Subdivision and Development Appeal Board is hereby established and shall hear all appeals in respect of decisions made under the Municipal Government Act on subdivision applications and development permit applications.

b) Any decision of the development authority may be appealed to the Subdivision and Development Appeal Board in accordance with Section 8 of this bylaw, and any decision of the Subdivision and Development Appeal Board may be appealed to the Court of Appeal on a question of law or jurisdiction in accordance with the Municipal Government Act (s. 688, MGA).

PART III - DEVELOPMENT PERMITS, RULES AND PROCEDURES Page 32


PART III – DEVELOPMENT PERMITS, RULES AND PROCEDURES

The purpose of Part III is to establish the procedures and requirements for development permit application, Land Use Bylaw amendments and appeal of decisions under this bylaw.

4 DEVELOPMENT PERMITS

4.1 Development Permit Required

a) Except as provided in Section 4.3, no person shall commence any development unless a development permit has been approved and issued in respect thereof.

b) Where any on-site services or improvements, or any off-site local improvements are required to service a proposed development, a person shall not begin the excavation for the foundation nor commence development until the services or improvements are completed to the satisfaction of the development authority.

4.2 Other Permit Requirements

a) Nothing in this bylaw affects the duty or obligation of a person:

(i) to obtain a building permit under the Building Permit Bylaw as amended from time to time, in addition to a development permit where required under this bylaw; and

(ii) to obtain any other permit, license or other authorization required by a bylaw, act or any regulation pursuant to those acts.

b) Any development permit application adjacent to a highway shall require the approval of Alberta Transportation and the applicant shall be responsible to obtain any applicable permits.

4.3 Exemption From Development Permit

No development permit shall be required for the following:

a) the maintenance or repair of any building provided that the work does not include structural alterations;

b) the completion of a development which was under construction in accordance with a lawful development permit issued at the effective date of this bylaw, provided that the development is completed within the time limit of such a permit or within twelve months of the effective date of this bylaw, whichever is earlier;

c) the maintenance and repair of public works, services and utilities carried out by, or on behalf, of public authorities;



d) the erection or placement of a temporary building, the sole purpose of which is incidental to the erection of a building for which a development permit has been granted, excluding show homes or sales offices, provided the temporary building is removed within thirty (30) days of substantial completion or as determined by the development authority;

e) emergency measures;

f) pursuant to Section 17 - Fencing, the erection of a fence or gate which is no higher than 1.8 metres in height provided that there is no contravention of this or any other bylaw of the municipality and provided that such a fence or gate does not, in the opinion of the development authority, obstruct the vision of persons using roads abutting the parcel;

g) landscaping where the proposed grades will not adversely affect the subject or adjacent properties;

h) hard-surfacing on a residential lot for the purposes of providing vehicular access from a public roadway to an attached or detached garage or a carport, provided that such hard surfacing does not exceed the width of the garage;

i) accessory buildings with an area not greater than 10.0 m2;

j) boarding and foster care uses occurring in the principal building and having less than five (5) foster children;

k) decks, landings or patios which are less than 0.6 metres above grade in height;

l) Radio communication structures less than 1.2 metres in diameter or 10 metres in height;

m) the construction, maintenance and repair of retaining walls less than 0.6 metres in height provided the wall does not encroach onto public land or into a utility right-of-way;

n) the construction, maintenance and repair of retaining walls greater than 0.6 metres in height that meet the setback requirements for the principal building on the site provided the wall does not encroach onto public land or into a utility right-of-way;

o) one (1) mechanical, electronic or table game per development in compliance with the regulations of Section 42 – Amusement Establishments of this bylaw;

p) basement finishing, excluding a secondary suite located in a basement;

q) minor home occupations;

r) a resumption or commencement of a non-conforming use within an existing building where the following conditions are to the satisfaction of the development authority:

(i) the requirements of the development permit for the existing building have been fulfilled;



(ii) the change of use is from a permitted or discretionary use to a permitted use in the district designation applicable to the site, and the use of the building is not affected by reason of change of ownership, tenancy or occupancy of the land or building;

(iii) the change is to a use that has required parking facilities no greater than that of the use it is replacing;

(iv) the change is to a use that has required parking facilities greater than that of the use it is replacing and the additional parking is provided on site;

(v) the building has not remained unoccupied and/or the previous use has not been discontinued for more than six (6) months;

s) those uses and developments exempted under the Municipal Government Act (s. 618, MGA).

4.4 Non-Conforming Development

a) Where a development permit has been issued for a permitted or discretionary use prior to the passing of this bylaw or an amendment thereof, and enactment of the bylaw would render the development a non-conforming use, building, sign or structure, the development permit continues to be in effect.

b) A use of land, a building or a structure which is determined to be non-conforming may be continued, but if that use is discontinued for a period of six consecutive months, all subsequent uses shall be in accordance with this bylaw.

c) A use of land, a building or a structure which is determined to be non-conforming may continue to be used, but the building shall not be enlarged, added to, rebuilt or structurally altered, except:

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

(ii) as the development authority considers necessary for the routine maintenance of the building.

d) If a non-conforming building or structure is damaged or destroyed to the extent of more than seventy-five (75) percent of the value of the building above its foundation, the building shall not be repaired or rebuilt except in accordance with the Land Use Bylaw.

e) Where a building which is determined to be a legal non-conforming building are to be enlarged or added to, any enlargement or addition shall meet the requirements of this bylaw.



5 APPLICATION FOR DEVELOPMENT PERMIT

5.1 Required Information

An application for a development permit shall be made to the development authority and shall include the following information to be considered complete:

a) the signature of the registered owner or an agent authorized by the owner to make application;

b) legal description (lot, block, registered plan number, civic address and subdivision, where applicable);

c) existing and proposed use of the land, building and/or structure;

d) type of development, whether a new development, an alteration, addition, relocation or change in use and whether the use is temporary in nature;

e) a site plan in duplicate indicating the location of all buildings and structures and registered easements or right-of-ways, dimensioned to property lines and drawn to a satisfactory scale;

f) dimensioned layout of floor plans, existing and proposed parking and loading areas, entrances and exits abutting streets, avenues and lanes, and surface drainage patterns;

g) where applicable, the location of existing and proposed wells, septic tanks, disposal fields, culverts and crossings;

h) other information as the development authority may reasonably require to ensure compliance with the provisions of this bylaw, which may include:

(i) a site grading plan;

(ii) a landscaping plan shall be provided where applicable;

(iii) elevation plans showing the height and horizontal dimensions of all buildings, exterior finishing materials including colors and materials;

(iv) soil testing or geotechnical report;

(v) an environmental assessment;

(vi) an engineering estimate of the use or impact upon municipally owned and operated utility system;

(vii) photographic documentation showing the site in its current condition;

(viii) visual display of how the form, mass and character of the proposed development will relate to neighbouring development;

(ix) a noise evaluation study;

(x) a parking or transportation study;

(xi) information that the Applicant has discussed the proposal with nearby property owners;



(xii) irrevocable letters of credit or bonds from the developer to secure performance of any of the conditions of a development permit or development agreement;

(xiii) a current Land Title;

(xiv) a current Corporate Registry Search;

(xv) any other information required by the development authority to determine how a proposed development may affect land use in the area;

i) the appropriate fees as amended from time-to-time by Council Resolution.

5.2 Incomplete Applications

The development authority may refuse to accept a development or sign permit application where the information required by Section 5.1 – Required Information has not been supplied or where, in its opinion, the quality of the material supplied is inadequate to properly evaluate the application.

5.3 Waiver of Application Requirements

The development authority may deal with an application and make a decision without all of the information required by Section 5.1 – Required Information, if, in its opinion, a decision on the application can be properly made without such information.



6 DEVELOPMENT PERMIT DECISION PROCESS

6.1 Review Criteria

In reviewing a development permit application, the development authority shall evaluate the application based on the following factors:

a) consistency with the objectives and policies of any statutory plan with emphasis on:

(i) land uses;

(ii) intensity of development; and

(iii) the provision and availability of public facilities and services;

b) consistency with the purpose and intent of the Land Use Districts contained in this bylaw;

c) potential adverse impact on:

(i) adjacent property and property owners;

(ii) the character of the neighbourhood;

(iii) the natural environment;

(iv) traffic;

(v) parking;

(vi) access to and function of public right-of-ways; and

(vii) other matters affecting public health and safety; or

d) suitability of the land for the proposed development.

6.2 Permitted Uses

Upon receipt of a completed application for a development permit for a permitted use:

a) the development authority shall approve, with or without conditions, an application where:

(i) the proposed development conforms in every respect to the regulations of the Land Use District and the other applicable sections of the Land Use Bylaw; or

(ii) a variance is granted subject to Section 6.5 - Variances.

b) The development authority shall give written reasons for the refusal of any development permit application which does not meet the requirements of this bylaw.



6.3 Discretionary Uses

Upon receipt of a completed application for a discretionary use:

a) the development authority may approve, with or without conditions, either permanently or temporarily, an application:

(i) that complies in every respect with the provisions of this bylaw and any approved statutory plan affecting the site; or

(ii) where a variance is granted subject to Section 6.5 - Variances.

b) The development authority shall give written reasons for the refusal of any development permit application which does not meet the requirements of this bylaw, and;

c) the development authority may refuse a development permit application for a discretionary use based on the nature of the proposed development even though it meets the requirements of this bylaw.

6.4 Direct Control Districts

a) Upon receiving a completed application for a development permit in a Direct Control District, the Development Officer shall direct the application to Council for decision.

b) Council may:

(i) direct the development authority to issue a development permit with or without conditions, or

(ii) refuse the application as submitted.

6.5 Variances

a) The development authority may approve an application that does not comply with this bylaw only if, in the opinion of the development authority, the proposed development would not unduly interfere with the amenities of the neighbourhood, or materially interfere with or affect the use or enjoyment of neighbouring properties.

b) In particular, the development authority, subject to (a), may approve:

(i) a development on a lot which does not meet the regulations of the bylaw in terms of width, depth or land area, provided that the lot was legally registered and existing at the time of final passage of this bylaw, and that the development meets all other requirements of this bylaw;



(ii) a development which does not comply in terms of yard setbacks, provided that:

(A) the development does not encroach on any easement, unless an agreement has been granted in respect of it;

(B) the development does not encroach on any property line; and

(C) the development does not create drainage problems.

6.6 Notice of Proposed Development

a) When an application for a development permit is approved for a discretionary use, a Direct Control District, or with a variance, a development authority shall sign the development permit, but shall not, under any circumstance, release it to the applicant before the fourteen (14) day notification period has expired. The development authority:

(i) shall mail immediately a notice of approval in writing to all assessed owners of property within thirty (30) metres of the site, and to any other assessed owners, who in the opinion of the development authority may be affected;

(ii) shall publish one notice in a newspaper circulating in the area stating the location and approved use of the property. This notice shall indicate the date the development permit was approved and that an appeal may be made by the person applying for the permit or a person affected by the decision, by serving written notice of the appeal to the Subdivision and Development Appeal Board within fourteen (14) days after the notification was published; and

(iii) shall refer any appealed development permit applications to the Subdivision and Development Appeal Board for final decision.

6.7 Notice of Decision

a) When an application for a development permit is approved the development authority shall immediately sign the development permit as of the date of the decision and release it to the applicant.

b) When an application for a development permit is refused the applicant shall immediately be given a written notification and reasoning of the decision. The decision may be appealed by serving written notice to the Subdivision and Development Appeal Board within fourteen (14) days after the date of refusal.

c) An application for a development permit shall, at the option of the applicant, be deemed to be refused when the decision of the development authority is not made within forty (40) days of receipt of the completed application, unless the applicant has entered into an agreement with the development authority to extend the forty (40) day period.



6.8 Re-application For A Development Permit

Where an application for a development permit has been refused by the development authority, or Council in the case of a Direct Control District, or has been refused on appeal to the Subdivision and Development Appeal Board, the development authority at it’s discretion, may not accept another application on the same parcel of land, for the same or similar use by the same or any other applicant for at least six (6) months following the date of the decision of refusal.

6.9 Conditions of Development Permit or Development Agreement

a) The development authority may impose any of the following conditions on the approval of a development application:

(i) to uphold the intent and objectives of any applicable statutory plan and the Land Use Bylaw;

(ii) to ensure the orderly and economical development of land within the municipality;

(iii) to govern the location of any building on a lot, its design, character and appearance;

(iv) to govern the grading of a lot and such matters as are necessary to protect the lot, or to protect the lot from other lots, or protect other lots from the lot being developed;

(v) to regulate and limit the time within which a development or any part of it is to be completed.

b) The development authority may require that the applicant enter into a development agreement with Council to:

(i) construct or pay for the construction of a public roadway required to give access to the development;

(ii) construct or pay for the construction of a pedestrian walkway system to serve the development; and/or to connect a pedestrian walkway system that proposes to serve an adjacent development;

(iii) construct or pay for the construction of required highway or highway intersection improvements;

(iv) install or pay for the installation of utilities that are necessary to serve the development;

(v) construct or pay for the construction of off-street or other parking facilities as well as loading and unloading facilities;

(vi) pay a development charge, off-site levy and/or redevelopment levy imposed by bylaw adopted pursuant to the Municipal Government Act (s. 650(1), MGA);



(vii) construct or pay for utilities, roadways, and improvements with an excess capacity pursuant to the Municipal Government Act (s. 651(1), MGA);

c) The erection of a building on any site may be prohibited when, in the opinion of the development authority, satisfactory arrangements have not been made by the developer for the fulfillment of any conditions of development approval or a development agreement.

d) Where an application for a development permit is approved with conditions the development authority may, before issuing the development permit, require the applicant or the owner of the land affected by the development permit to enter into an agreement with the Town to ensure compliance with the conditions, and such an agreement may be protected by caveat registered by the Town pursuant to the Municipal Government Act (s. 650(2), MGA).

e) The development authority may require an irrevocable letter of guarantee or irrevocable letter of credit from the developer to secure performance of any of the conditions of a development agreement and/or development permit.

f) The approved plans and specifications shall not be changed or modified without written authorization from the development authority and all work shall be done in accordance with the approved plans.



7 COMMENCEMENT OF DEVELOPMENT

7.1 No Permit Without Servicing or Local Improvements

a) Where any on-site services or improvements, or any off-site local improvements are required to service a proposed development, a person shall not begin the excavation for the foundation nor commence development until the services or improvements are completed to the satisfaction of the development authority.

b) No development permit shall be issued for a development to be served by private sewer and water systems until the systems have been approved by the appropriate municipal, provincial and federal departments.

7.2 Expiry of a Development Permit

a) A development permit shall lapse after one year from the date of issuance unless:

(i) significant development has commenced on the site; or

(ii) a request by the applicant to extend a development permit up to one additional year has been approved by the development authority.

b) Once commenced, a development is not to be discontinued or suspended for periods totaling more than six (6) months, unless the development authority has notified the developer in writing that such a suspension may be continued. If the notification of extension has not been obtained, the development permit shall be considered to have lapsed.

7.3 Suspension or Cancellation of a Development Permit

a) The development authority may suspend or cancel a development permit, if following its issuance, the development authority determines that:

(i) the application contains a misrepresentation;

(ii) facts have not been disclosed which should have been at the time of consideration of the application for the development permit;

(iii) the development permit was issued in error; or

(iv) the requirements or conditions of the development permit have not been complied with.

b) If the development authority suspends or cancels a development permit, the development authority must provide a written notification to the applicant.

c) Upon receipt of the written notification of suspension or cancellation, the applicant must cease all development and activities to which the development permit relates.

d) A person whose development permit is suspended or cancelled under this section may appeal within fourteen (14) days of the notice of cancellation or suspension to the Subdivision and Development Appeal Board.



7.4 Construction Guidelines

a) A person to whom a development permit is issued shall, during construction, keep posted in a conspicuous place on the site a copy of the development permit or placard in lieu thereof and a copy of the approved drawings and specifications to which the permit pertains.

b) The development authority may require that the applicant arrange for an on-site inspection before commencing construction.

c) If applicable, a person to whom a development permit has been issued shall obtain from the appropriate authority permits relating to building, grades, sewers, water mains, electricity and highways, and any other permits required in connection with the proposed development.

d) If a temporary means of heating is required during construction:

(i) the applicant shall obtain the appropriate permits as per the Safety Codes Act; and

(ii) the maximum size of any individual above-ground fuel tank shall be 450 litres.

e) During construction, the applicant shall be financially responsible for any damage by himself, his servants, suppliers, agents or contractors, to any public property.

f) The applicant shall prevent excess soil or debris from being spilled on public streets, lanes, and sidewalks, and shall not place soil or any other materials on adjacent properties without permission in writing from adjacent property owners.

g) All construction waste shall be stored in on-site temporary garbage containers until transferred to a permanent waste disposal site. The temporary containers shall be located a minimum of 1.2 metres from the building under construction or any adjacent buildings, and shall not block public sidewalks or streets.

h) Any material, apparatus or structure temporarily occupying public property, which is deemed to be hazardous by the development authority, including fences and walkways, shall be adequately lit between sunset and sunrise.

7.5 Date of Occupancy

a) No building shall be occupied, or use occur, and no change in the existing occupancy classification of a building shall be made until:

(i) substantial completion of the building has been undertaken as determined by the development authority; and

(ii) a final inspection of the building and all other applicable inspections are completed to the satisfaction of the Safety Codes Officer.



8 DEVELOPMENT APPEAL

8.1 Who May Appeal

a) The applicant for a development permit or any person affected by the decision of the development authority, may appeal the decision to the Subdivision and Development Appeal Board, where the development authority:

(i) refuses or fails to issue a development permit;

(ii) issues a development permit with or without conditions or where the provisions of the bylaw were relaxed; or

(iii) issues an order to stop development pursuant to the Municipal Government Act (s. 645, MGA).

b) The notice of appeal shall be in two copies and shall be addressed to the Secretary of the Subdivision and Development Appeal Board.

8.2 Appeal Period

a) An appeal to the Subdivision and Development Appeal Board may be initiated by the applicant for a development permit or a person(s) affected by the development authority’s decision regarding a development permit by serving written notice of the appeal to the Secretary of the Subdivision and Development Appeal Board within fourteen (14) days of:

(i) a decision being issued by the development authority regarding a development permit, or;

(ii) the date on which the applicant is notified, or;

(iii) the notification was published in the newspaper in the case of discretionary uses and variances to the Land Use Bylaw (see Sec. 6.6, LUB).

b) In the absence of proof of receipt, the applicant will be deemed to have received the decision three (3) days from the date of mailing, if mailed to an address in Alberta, or eight (8) days after mailing, if mailed to an address outside Alberta.

8.3 Appeal Process

a) When a notice of appeal has been served, and where it was a decision of the development authority to approve a development permit application, the development permit shall not come into effect before:

(i) the decision of the development authority has been upheld by the Subdivision and Development Appeal Board, or

(ii) the Secretary to the Subdivision and Development Appeal Board has received written notification from the appellant that the appeal has been abandoned.



b) The Subdivision and Development Appeal Board shall hold a public hearing to decide on an appeal within thirty (30) days of receipt of the notice of appeal.

c) The Secretary of the Subdivision and Development Appeal Board shall ensure that:

(i) a notice of the public hearing is published in the local newspaper at least five (5) days prior to the date of the hearing;

(ii) the applicant, appellant and all persons who, in the opinion of the Board, are affected are given at least five (5) days written notice prior to the date of the hearing.

(iii) all relevant documents and materials respecting the appeal are available for public inspection before commencement of the public hearing.

8.4 Subdivision and Development Appeal Board Decision

a) In making its decision, the Subdivision and Development Appeal Board must:

(i) comply with the Provincial Land Use Policies, the Municipal Development Plan, other statutory plans and with the permitted and discretionary uses prescribed in this bylaw; and

(ii) shall have regard for, but is not bound by, the Subdivision and Development Regulation.

b) In accordance with the authority given to the Subdivision and Development Appeal Board under the Municipal Government Act (s. 687(3), MGA), it may:

(i) confirm;

(ii) revoke; or

(iii) vary;

the decision or any attached condition of the development authority, or make a decision of its own.

c) The Subdivision and Development Appeal Board shall give its decision in writing together with the reasons for the decision within (15) fifteen days of the conclusion of the hearing.

8.5 Appeal To The Court Of Appeal

Any decision of the Subdivision and Development Appeal Board pertaining to a question of law or jurisdiction may be appealed to a judge of the Court of Appeal within thirty (30) days after the issue of the decision.



9 ENFORCEMENT

No person shall fail to comply with a development permit or the plans and conditions forming part of the permit, or make use of the land in a manner contrary to the provisions of this bylaw.

9.1 General Offences

a) Any owner, lessee or occupant of land, or a building or a structure thereon, who contravenes any provisions of this bylaw commits an offence.

b) Any contractor, worker or other person who undertakes development for which a development permit is required but has not been issued or is not subsisting under this bylaw, or is in contravention of a condition of a development permit issued under this bylaw, commits an offence.

9.2 Right of Entry and Authority To Enforce

Pursuant to the Municipal Government Act (s. 542, MGA), an authorized person may enter into or upon any land or building within the municipal boundary for the purpose of ensuring compliance of this bylaw, where:

a) reasonable notice (approximately 48 hours) has been given to the owner or occupant of the property; and

b) the property is entered at reasonable hours (generally between 8:00 a.m. to 10:00 p.m.).

9.3 Contravention of an Offence

When an offence has been or is being committed, the development authority may:

a) suspend or revoke a development permit which has not been complied with;

b) issue a violation ticket; and

c) issue an order.

9.4 Violation Tickets

An officer may issue a violation ticket to any person alleged to have breached any provision of this bylaw. The violation ticket shall be served upon the alleged offender personally or by single registered mail.

a) The violation ticket shall specify:

(i) the amount of the penalty based on a first, second or third offence;

(ii) the exact date in which the fine is payable to the Town, which shall be within twenty-one (21) days from the date of issue of the fine;

(iii) the time within which the property must be brought into conformity with the bylaw.



b) The fines for an offence against the Land Use Bylaw shall be subject to the minimum penalty amount, as specified in Table 9.1.

(i) If a person is convicted twice of the same offence of this bylaw (see Sec. 9.1, LUB) within a twelve month period, the minimum penalty for the second conviction shall be double the minimum penalty of the first offence.

(ii) If a person is convicted three or more times of the same offence with respect to this bylaw (see Sec. 9.1, LUB) within a twelve month period, the minimum penalty for the third and subsequent convictions shall be three times the minimum penalty of the first offence.

TABLE 9.1 MINIMUM PENALTIES

Offences Minimum penalty

Failure to obtain a development permit $500

Failure to comply with development permit conditions $500

Failure to retain development permit on site $150

Failure to comply with regulations in low and medium density residential districts

$250

Failure to comply with regulations in high density residential, commercial, industrial or institutional districts

$1000

c) If payment is made within the time limit, then such payment shall be accepted in lieu of prosecution for the offence.

d) If a person who has been served with a violation ticket fails to pay the fine specified therein, then the right of the alleged offender to settle the alleged offence without a court appearance shall no longer apply and prosecution for the alleged offence shall proceed.

e) If the person who was served with the violation ticket is thereafter prosecuted and convicted of the offence specified in the violation ticket, that person is liable to a fine of not more than $10,000, or to imprisonment for a period not exceeding one year or to both fine and imprisonment.

9.5 Orders

a) When issuing an order, the written notice shall order the owner, the person in possession of the land or building, the person responsible for the contravention, or all of them to:



(i) stop the development or use of the land that is contrary to the Land Use Bylaw;

(ii) demolish, remove or bring the development into compliance with the Land Use Bylaw;

(iii) carry out any other actions required by the notice so that the development complies with the provisions of the Land Use Bylaw;

(iv) complete the actions in the notice before the date set out in the notice; and

(v) provide the option to register an appeal to the Subdivision and Development Appeal Board.

b) If the person fails or refuses to comply with the order or an order of the Subdivision and Development Appeal Board, the development authority may:

(i) obtain an injunction from an Alberta Court to enforce the Land Use Bylaw;

(ii) register a caveat under the Land Titles Act in respect of the order;

(iii) enter into or upon the land or building and take any action necessary to carry out the order; and

(iv) the cost of the measure will be charged to the owner of the land and collected in like manner as taxes owing against a property.



10 BYLAW AMENDMENT PROCESS

10.1 Amendment Proposed by Land Owner

Any owner of a site, or their authorized agent, or other persons having a legal or equitable interest in the site may, in accordance with Section 10.3 – Plans and Information Requirements, apply in writing to the Town for a Land Use Bylaw Amendment respecting the site.

10.2 Amendment Proposed By Town

The Town may initiate amendments to the Land Use Bylaw which shall be advertised in accordance with Section 10.7 – Advertising of a Proposed Amendment.

10.3 Plans and Information Requirements

a) All applications for amendment to the Land Use Bylaw shall be made to the development authority in writing and shall be accompanied by the following:

(i) a copy of the certificate of title for lands affected issued within the last thirty (30) days, copies of any restrictive covenants or caveats registered by the Town and any other documents required by the development authority to verify that the applicant has a legal interest in the land for at least the period of time necessary to process the application to a final decision on the amendment;

(ii) a statement of the reasons for the request to amend the Land Use Bylaw and conformity with all applicable statutory plans for the area;

(iii) a properly dimensioned map(s) of an appropriate scale indicating the site to be amended, its relationship to existing land uses within a ninety (90) metre radius of the boundaries of the site and any prominent geographic or natural features;

(iv) the appropriate fee as amended from time-to-time by Council Resolution;

(v) the cost of advertising for the public hearing; and

(vi) where the applicant is an agent acting for the owner, a letter from the owner(s) verifying the agent’s authority to make the application.

b) In addition to the requirements of Section 10.3(a), the development authority may request such additional information as is necessary to properly evaluate and make a recommendation on the application.



10.4 Non-Compliance with Information Requirements

The development authority may refuse to accept an application to amend the Land Use Bylaw if the information required by Section 10.3 – Plans and Information Requirements has not been supplied or if, in its opinion, it is inadequate to properly evaluate the application.

10.5 Waiver of Information Requirements

The Council may deal with an application and make a decision therein without all the information required by Section 10.3 – Plans and Information Requirements, if in its opinion a decision on the application can be properly made without such information.

10.6 Direct Control Districts

a) Direct Control Districts must be used only for the purpose of providing for development that, due to unique characteristics, innovative ideas or unusual site constraints, require specific regulations unavailable in other Land Use Districts.

b) Direct Control Districts must not be used:

(i) in substitution of other Land Use Districts in the Land Use Bylaw that could be used to achieve the same result with or without relaxations of this bylaw, or

(ii) to regulate matters that are regulated by subdivision regulations or development permit approval conditions.

c) In addition to the application requirements specified above, an applicant for a Direct Control District shall:

(i) submit the proposed Direct Control District;

(ii) provide a letter, in addition to the application, that describes the requirements for a Direct Control District and why the same results cannot be achieved through the use of a district provided in this Land Use Bylaw;

(iii) contact the affected landowners, partly or wholly, within a distance of sixty (60) metres from the site at least twenty-one (21) days prior to the submission of an application to amend the Land Use Bylaw;

(iv) outline the application to the affected parties and solicit their comments on the application;

(v) document any opinion or concerns expressed by the affected parties and any modifications that were made to address these concerns; and

(vi) submit the above documentation as part of the application of amend the Land Use Bylaw.



10.7 Advertising of a Proposed Amendment

Pursuant to the Municipal Government Act (s. 606, MGA), prior to second reading of an amending bylaw, the Town shall cause to be published in two (2) issues of a newspaper circulating in the Town, a notice containing:

a) the legal description of the land;

b) the purpose of the proposed amending bylaw;

c) the name of one or more places where a copy of the proposed amending bylaw may be inspected by the public during reasonable hours;

d) the one or more dates, places and times the Council will hold a public hearing with respect to the proposed bylaw, which shall be advertised at least five (5) days prior to the public hearing; and

e) an outline of the procedures to be followed by anyone wishing to be heard at the public hearing.

10.8 The Public Hearing

At the public hearing, Council shall hear:

a) the development authority or other municipal officials;

b) the applicant or a person acting for the applicant;

c) any person who claims to be affected by the proposed amending bylaw; and

d) any other person that Council agrees to hear.

10.9 Decision of Council

The Council, after considering the representations made to it concerning the proposed bylaw may:

a) make such amendments or changes as it considers necessary to the proposed bylaw, if any, and proceed to pass the proposed bylaw; or

b) defeat the proposed bylaw.

10.10 Re-Application for an Amendment

Where an application for amendment to the Land Use Bylaw has been refused by Council, another application for amendment to the Land Use Bylaw for the same site, for the same or similar use of land, may not be made, at the discretion of Council, by the same or any other applicant until at least six (6) months have passed from the date of Council’s decision.

PART IV - GENERAL SITE REGULATIONS Page 52


PART IV – GENERAL SITE REGULATIONS

Part IV is designed to identify and provide regulations that are applicable to any land use or development on any site, irrespective of the land use district in which it is located.

11 DWELLING UNITS ON A LOT

a) There shall be no more than one dwelling unit on each lot unless otherwise permitted in this bylaw.

b) A development authority may issue a development permit to allow the construction or location of more than one dwelling unit on a parcel if the second or additional dwelling unit:

(i) is contained in one or more buildings, each of which is designed for or divided into two or more dwelling units;

(ii) is a mobile unit as defined in the Municipal Government Act forming part of a mobile home court;

(iii) is a building, as defined in the Condominium Property Act, that is the subject of a condominium plan to be registered in a Land Titles Office under that Act; or

(iv) is a secondary suite that meets the regulations of Section 33 – Secondary Suites.

c) The Municipal Planning Commission, upon considering the particular circumstances of an application may, in a development permit, exempt any person or land from Section 11 (a).



12 SITE GRADING, DRAINAGE AND RETAINING WALLS

a) In all cases, site grades shall be established with regard to preventing drainage from one site to the next except where drainage conforms to an acceptable local or subdivision drainage plan.

b) The developer of a site shall be responsible to ensure that grading is completed to provide effective site drainage and conforms to the approved grading plan.

(i) Site grading and the submission of a certificate of as-built grades is the responsibility of the developer to whom the development permit was issued.

(ii) The responsibility for the site grading may only be transferred from the developer to another person based on a written request and subject to approval of the development authority.

c) The owner of a site shall be responsible to ensure that grading is maintained to continue to provide effective site drainage:

(i) where maintenance of a common drainage path at property line is required, the responsibility for maintenance lies with the owners of both sites.

(ii) where a drainage swale is established within an easement or right of way on a site, swale grades shall be maintained and the swale shall be kept free from any obstructions by the owner of the site.

d) Retaining walls shall be designed and constructed to:

(i) maintain positive overland drainage on all portions of the site;

(ii) respect overland drainage patterns established for the lot at the time the lot was created; and

(iii) not divert overland drainage onto adjacent properties.



13 YARDS ON CORNER AND DOUBLE FRONTING LOTS

a) In the case of an interior lot, the front yard shall be that portion of the site abutting the street, on the same street as the front yards of lots on the same block face (see Figure 13.1).

b) In the case of a corner lot, the front yard shall be taken on the same street as the front yard of the abutting properties and shall have regard for the orientation of lots on the same block face (see Figure 13.1).

c) Notwithstanding (b) and (c) above, the development authority may require any corner site to provide an additional front yard other than that required, having regard for the orientation of lots on the same block face and access of any development.

d) For lots other than corner lots which have frontage on two streets, the development authority shall determine which frontage is the front and rear yards. In reaching its decision, the development authority shall take into consideration the orientation of other buildings in the area.

e) The development authority may require a double fronting lot to provide a front yard on each street, in accordance with the front yard requirements of the district in which the site is located (see Figure 13.1).

Figure 13.1 Yards and Double Fronting Lots *For illustrative purposes only (not drawn to scale).



14 REQUIRED YARDS AND PERMITTED PROJECTIONS

14.1 Yards Not Required

The minimum distances required for yards do not apply to:

a) construction wholly beneath the surface of the ground;

b) unenclosed patios, sidewalks and steps provided:

(i) their floor surface does not rise more than 0.6 metres above the finished ground elevation;

(ii) no portion of the development creates an obstruction for emergency access around the perimeter of the building.

c) retaining walls, provided that no portion of the wall creates an obstruction for emergency access around the perimeter of the building, or encroaches onto public or neighboring property.

14.2 Permitted Projections into Required Yards

a) In all districts, projections over or into a required yard shall:

(i) be at the discretion of the development authority; and

(ii) meet the requirements of the Alberta Building Code.

b) In residential districts, portions of buildings located above ground may project over or into a required yard as shown in Table 14.1



TABLE 14.1 PROJECTIONS INTO REQUIRED YARDS

Structure Front Yard Rear Yard Side Yard Conditions

Sills, Eaves, Gutters 0.60 m 0.60 m 0.60 m These structures shall be at least 2.4 m above grade.

Exterior steps, staircases or landings

1.2 m 1.2 m 1.2 m These structures in a side yard shall not cause obstruction for emergency access to the rear yard.

Chimneys, Chimney chase

None 0.60 m 0.60 m These structures shall be constructed to meet the Alberta Building Code

Cantilevers None 1.2 m None All cantilevers shall meet the minimum required front and side yard.

Bay windows, Bow windows

0.60 m 0.60 m None Bay and bow windows shall not be permitted in any required side yard.

Decks 0.6 m above grade and higher

None None None These structures are part of the overall site coverage which may not exceed the maximum site coverage for the respective Land Use District.

Verandas, Balconies None None None These structures shall not project into any required yard.

Wheelchair ramp Up to property line

Up to Property line

None These structures shall not cause obstruction for emergency access to the rear yard.

Accessory buildings None No closer than 1.0 m from property line

No closer than 1.0 m from property line

See Section 31.

Rear attached garages

N/A No closer than 6.0 m from property line

Same as principal building



15 RAILWAY NOISE ATTENUATION AND SAFETY SETBACKS

15.1 Purpose

All developments adjacent to the railway shall be subject to the following regulations to ensure:

a) safety in the case of railway derailment, spills or environmental contamination; and

b) a high quality of life through the provision of adequate noise and vibration attenuation measures.

15.2 General Regulations

a) All residential buildings, commercial buildings with Offices, institutional buildings or other similar uses adjacent to the CN Rail line shall be a minimum distance of thirty (30) metres from the boundary of the right-of-way to the nearest wall of the building.

b) All other uses including vehicular oriented commercial uses shall be a minimum distance of fifteen (15) metres from the boundary of the right-of-way to the nearest wall of the building.

c) This distance may be reduced where sound attenuation measures are provided, including a berm, fencing or building construction techniques, and the applicant demonstrates that a lesser setback may be warranted, to the satisfaction of the development authority.

(i) All portions of a berm shall be constructed entirely within the property lines and shall be at the expense of the land owner.

(ii) All fences shall be erected at or within the property line, and shall be at the expense of the land owner.

d) The berm and fencing requirements shall be as shown in Table 15.1.

TABLE 15.1: SETBACK, BERM AND FENCING REGULATIONS

Requirement Residential, Office, Institutional Uses

Commercial, Industrial

Setback Distance 30 metres minimum 15 metres minimum

Berm Height 2.5 metres 2.5 metres

Width 13 metres 13 metres

Slope 2.5:1 maximum 2.5:1 maximum

Fence Height 3.0 metres 1.8 metres

Type Acoustic Chain link



16 SIGHT LINE CONTROL

a) In every district the location of buildings on corner sites shall be subject to approval by the development authority who shall take into account:

(i) the location of existing adjacent buildings;

(ii) the permitted setback on adjacent sites; and

(iii) the need to ensure safe traffic movement through the intersection.

b) There shall be no planting or structure over 1.0 metre in height in or on that part of a corner site located within any District other than commercial buildings in the C-B – Central Business District, which lies within a sight triangle (see Figure 16.1) formed by a line drawn between two points on the curbs of the:

(i) intersecting streets 8.0 metres from the point where the curbs would intersect if extended;

(ii) intersecting lane and street 5.0 metres from the point where the curbs would intersect if extended; and

(iii) intersecting driveways and streets 5.0 metres from the point where the curbs would intersect if extended.

Figure 16.1 Sight Line Triangle *For illustrative purposes only (not drawn to scale).



17 FENCING

17.1 Fencing

a) No person shall construct a fence or wall, or permit a hedge to grow on public property without approval of the development authority.

b) Notwithstanding normal setback regulations, a fence may be located immediately adjacent to a property line (on or within the property line of the parcel).

c) The maximum height of a fence, privacy wall or hedge above grade, as determined by the development authority, shall not exceed:

(i) 1.2 metres in the front yard; and

(ii) 1.8 metres for all other yards.

d) Where a property in a residential district abuts an arterial roadway or a railway line the development authority may approve a fence height greater than 1.8 metres.

e) Notwithstanding Subsection (c), the height of a fence in an Industrial or U-R Urban Reserve District may be relaxed at the discretion of the development authority.

f) No barbed wire fences will be permitted in residential districts or in other districts that abut a residential district, with the exception of R-1R Rural Residential and U-R Urban Reserve Districts.

g) No electrification of fences will be permitted, except within a U-R Urban Reserve District.

Figure 17.1 Fencing



18 DESIGN AND CHARACTER OF BUILDINGS

The purpose of this section is to provide the Town of Stony Plain with control and guidance for achieving aesthetically attractive and compatible buildings and structures.

18.1 Compatibility

a) The design, character and appearance of a principal or accessory building must, to the satisfaction of the development authority:

(i) be compatible with other buildings existing in the vicinity, unless the building is setting a new standard of design, character and appearance for the land use district;

(ii) be consistent with the purpose of the land use district in which the building is located; and

(iii) comply with any provision of an overlay plan or architectural guidelines or controls applicable to the design, character and appearance of the building.

18.2 Design Controls and Guidelines

a) The following elements may be included within architectural controls or guidelines to ensure compatibility with surrounding buildings:

(i) the placement of buildings or other structures on the site to ensure proper utilization of the land;

(ii) the architecture and design of the buildings or structures;

(iii) the colour and exterior finishing of building materials;

(iv) specific landscaping requirements; and

(v) signage controls.

b) Developer Enforced Controls

(i) The development authority may require that a developer adopt and enforce development guidelines or architectural controls prior to the development authority accepting development permit applications within that subdivision.

(ii) All development guidelines or architectural controls shall be approved by the Municipal Planning Commission prior to enforcement.

(iii) The development authority may also require that a developer place a restrictive covenant against the site or subdivision in order to ensure the ongoing conformance with the architectural controls or guidelines.



c) Town Enforced Controls

(i) Council may adopt more detailed architectural controls or guidelines as an Overlay where Council wishes to achieve a higher standard of design or appearance within a specific development, subdivision, or neighbourhood.

(ii) Where Council adopts architectural controls or guidelines, the development authority is responsible to ensure that the controls are adhered to using, but not limited to, the regulations within this bylaw.



19 RELOCATION OF BUILDINGS

a) A person wishing to move an existing building onto or within a lot shall obtain a moving permit as required by the Town of Stony Plain Relocation and Demolition of Building Bylaw and Alberta Transportation, if required.

b) In addition, an application for a development permit is required and shall also provide the following additional information:

(i) age, size and structural condition of the building;

(ii) photographs showing all sides of the building; and

(iii) a statement of the proposed improvements.

c) The development authority may inspect the building which is proposed to be moved, or may request another qualified person to do so and to provide a written report. The expenses of such an inspection shall be paid by the applicant before any development permit is issued.

d) The development authority may issue a development permit for the proposed building, with or without conditions, as deemed necessary to ensure that the building is renovated to a satisfactory standard. If the renovations are to be done after the building is moved onto the lot, the applicant may be required to post a bond to guarantee the satisfactory completion of the work stipulated in the development permit.

e) An approval shall not be granted under Section 6 – Development Permit Decision Process unless the development authority is satisfied that:

(i) the placement or location of the building would meet the requirements of this bylaw; and

(ii) the building and the lot meet the requirements of this bylaw and the land use district in which the building is to be located.

f) In making a decision, the development authority shall consider whether the building is compatible with the character of the neighbourhood in which it is proposed to be located, and may refuse a development permit if the building is incompatible with the neighbourhood.



20 UTILITY BUILDINGS, LOTS AND PUBLIC LANDS

a) Notwithstanding other regulations in this bylaw, a person erecting a public utility facility or placing utility equipment on a site shall cause it to be placed in a location and with yard setbacks which are satisfactory to the development authority.

b) Utility lots, utility buildings and publicly owned lands may be permitted in any district except as specifically regulated elsewhere in this bylaw.

21 UTILITY EASEMENTS

a) Subject to the terms in a utility easement, no permanent structure other than a fence shall be constructed or placed within a utility easement unless:

(i) in the opinion of the development authority, the said structure does not restrict access to the utility easement for the purpose of installation and maintenance of the utility; and

(ii) written consent has been obtained from the person for whose use the easement has been granted.



22 EMERGENCY ACCESS TO BUILDINGS

Sites shall be so designed that, in the opinion of the development authority, appropriate access for fire fighting vehicles and equipment is provided to all buildings.

22.1 Apartment Buildings

a) An apartment building which exceeds two storeys in height, on at least two sides (one of which shall be the longest side) there shall be an asphalt surface for fire-fighting vehicles for at least seventy-five (75) percent of the length of each side. Such areas shall not be less than 4.25 metres in width and not more than 8.0 metres from the building, and no permanent structure or vehicular parking shall be permitted thereon.

22.2 Shopping Centres

a) In the case of shopping centre buildings, lane(s) for the purpose of permitting the access of fire fighting equipment to all major access points and to all fire risk utilities shall be provided, and no permanent structure or vehicular parking may be provided thereon.

22.3 Comprehensively Planned Developments

a) In the case of comprehensively planned developments in which roadway development standards have been reduced, the site shall be designed so as to provide adequate access for fire fighting vehicles to all buildings on the site. Pursuant to this requirement, the applicant of the development permit may be required to provide an engineering study to the satisfaction of the development authority.

22.4 Fire hydrants

a) Fire hydrant shall be sited so that:

(i) in the case of industrial, commercial, semi-public, comprehensively planned, and medium or high density residential sites, the distance between the fire hydrant and any driveway or access point shall be a minimum of 3.0 metres.

(ii) in the case of low density residential sites, the distance between the fire hydrant and any driveway or access point shall be a minimum of 1.8 metres.



23 OBJECTIONAL ITEMS IN YARDS

a) No person shall keep any commercial vehicle in excess of 6,000 kg gross vehicle weight in a front yard in a residential district for longer than is reasonably necessary to load or unload such a vehicle.

b) Any commercial vehicle which is greater than 6,000 kg gross vehicle weight, bus, or trailer shall be parked in the rear yard within a residential district.

c) No person shall keep or permit any part of a yard in any residential district:

(i) any object which, in the opinion of the development authority, is unsightly, objectionable or tends to adversely detract from the character and appearance of the surrounding developments pursuant to the Town of Stony Plain Nuisance Bylaw.

(ii) any excavation, storage or piling up of materials required during the construction stage unless all necessary safety measures are undertaken. The owner of such materials or excavations must assume full responsibility to ensure the situation does not prevail any longer than reasonably necessary to complete a particular stage of construction work.

(iii) dismantled or wrecked vehicles or equipment parked or stored in the open for more than thirty (30) successive days.

d) Where the outside storage of raw materials, finished or partially finished products, fuel or waste is permitted on a site, such storage shall be screened to the satisfaction of the development authority from adjacent sites and any street through the use of walls, fences, soft landscaping, berms or a combination of the above.

e) This section shall not limit the customary display of commodities or goods intended and permitted to be sold on the site, or the storage of fuel.

f) In no case shall storage of materials as cited in this section be permitted in the required front yard of any site.

g) Recreational Vehicles in Residential Districts

(i) Between the dates of April 1 and October 31 (inclusive) for any given year, recreational vehicles shall not be kept on private property within a residential district for a period exceeding seven (7) days unless they are located entirely within the area of:

(A) the driveway, or

(B) the rear yard, or

(C) a recreational vehicle parking space shown on the site plan for an approved development permit for the site, or

(D) an area designated for recreational vehicle storage on the site plan for an approved development permit for the site.



(ii) From November 1 to March 31 (inclusive) for any given year, recreational vehicles shall not be kept on private property within a residential district for a period exceeding seven (7) days unless they are located entirely within the area of:

(A) the rear yard, or

(B) a recreational vehicle parking space shown on the site plan of an approved development permit for the site where the recreational vehicle parking space is located, or

(C) an area designated for recreational vehicle storage on the site plan of an approved development permit for the site where the recreational vehicle storage area is located.

(iii) A recreational vehicle parking space shall only be approved on a development permit provided the recreational vehicle parking space:

(A) is an accessory use to a principal residence, and

(B) would not impede emergency access to any area on the site, and

(C) would not encroach into any required setbacks for the front or side yard within the Land Use District that the parking space would be located.

(iv) At no time shall any recreational vehicle be kept so that the recreational vehicle encroaches on a sidewalk or roadway.



24 GARBAGE, RECYCLING AND ORGANIC WASTE FACILITIES

a) All developments shall provide a garbage facility suitable for the intended land use.

b) Garbage, recycling and organic waste facilities shall be provided, to the satisfaction of the development authority, and shall be:

(i) equipped with weatherproof and animal proof containers;

(ii) screened from adjacent sites and public thoroughfares; and

(iii) provided in a location easily accessible for pickup.

c) All ground-oriented dwelling units shall be located within thirty (30) metres of a garbage facility if individual pick-up service is not provided.



25 ENVIRONMENTAL PROTECTION STANDARDS

Every new use or alteration to an existing development of land or building shall comply with all regulations in this section regarding the acceptable levels of nuisance that may be created.

a) No operation or activity in any Commercial or Industrial District shall emit air and water contaminants in excess of the standards prescribed by the Province of Alberta pursuant to the Environmental Protection and Enhancement Act and regulations pertaining thereto.

b) All uses and operations which store, manufacture or utilize materials or products which may be hazardous due to their flammable or explosive characteristics shall comply with the regulations of the senior government authority having jurisdiction.

c) No use or operation shall create noise levels which exceed those measures prescribed in the Town of Stony Plain Noise Bylaw.

d) All commercial or industrial operations involving the following hazardous materials shall submit a written description of the materials and the operations being undertaken on the property:

(i) poisonous and infectious agents;

(ii) pesticides;

(iii) corrosives and explosives; and

(iv) flammable and combustible liquids.

e) No use or operation shall create or discharge toxic materials.

f) No use or operation shall discharge toxic or noxious materials, in amounts or quantities that exceed the levels prescribed by the Province of Alberta within the Environmental Protection and Enhancement Act and regulations pursuant thereto:

(i) across the boundaries of a site;

(ii) through infiltration into the subsoil;

(iii) into the sewage disposal system, except as otherwise directed by the development authority; or

(iv) into a stream course as shown in the Flood Risk and Flood Fringe Overlay (Sec. 57, LUB).

g) No activity may be undertaken in any district which, in the opinion of the development authority constitutes a nuisance on a private or public site by reason of generation of vibration, heat, humidity or glare.



26 LANDSCAPING

The purpose of this Section is to enhance the visual appearance of any new development or when an existing development is changed.

26.1 Landscape Plan Required

a) No person shall undertake any landscaping activities on public property, with the exception of boulevards, without prior written consent from the development authority.

b) Where a landscaping plan is required, no landscaping work shall be commenced unless the landscaping plan is approved by the development authority.

c) Landscaping plans are required for all development permit applications within:

(i) Commercial Districts;

(ii) Industrial Districts;

(iii) Urban Service Districts;

(iv) R-3 High Density Low Rise Residential Districts;

(v) R-4 High Density Medium Rise Residential Districts; and

(vi) Comprehensively planned developments, including Manufactured home courts.

d) The development authority may require, as a condition of the Development Permit approval, that the applicant provide a landscape deposit fee which will be paid back in full to the applicant upon completion of the landscaping plan, to the satisfaction of the development authority.

e) Any changes to an approved landscape plan must be authorized by the development authority pursuant to Section 6.9(f) of this bylaw.

26.2 Landscape Plan Content

Where a landscape plan is required, it shall include the following:

a) boundaries and dimensions of the site and adjacent land uses;

b) location of adjacent sidewalks, trails, driveway entrances, alleys, and the location and name of adjacent streets;

c) footprint and dimensions for all buildings or structures;

d) location of any utility lines or right-of-ways;

e) location and description or illustrations of all existing or proposed physical features, including fences, flower beds, berm contours, outdoor furniture, decorative paving, water features; and

f) location of all existing and proposed plant materials, with a descriptive list identifying the common and botanical name, quantity and size at planting.



26.3 General Landscaping Regulations

a) Landscaping shall be provided in those areas of the site which are not covered by the building, the required parking area and the maneuvering areas, unless otherwise defined in the district in which the site is located.

b) The boulevard area may, at the discretion of the development authority, be used in partial fulfillment of the landscape requirements.

c) In all landscaped areas, with the exception of parking lot perimeters, trees shall be planted in the overall minimum ratio of one (1) tree per 45 m2.

d) Existing trees and large shrubs shall be preserved, protected or replaced. Trees, which are removed or damaged by development activities, shall be replaced with a tree of similar species and size.

e) Plant materials within utility right-of-ways are subject to the following conditions:

(i) deciduous or coniferous trees planted within 5.0 metres of any overhead utility lines shall have a maximum growth height of 3.0 metres, and;

(ii) no coniferous trees shall be planted within any sanitary sewer or storm water right-of-way.

f) The owner of the property, or any successors or assignees, shall be responsible for landscaping and proper maintenance.

(i) The quality and extent of the landscaping on a site shall be the minimum standard to be maintained on the site for the life of the development. Adequate means of irrigation and maintenance shall be provided.

(ii) In the event that planting materials in an approved development is inappropriate or fails to survive, a development authority may allow or require alternative materials to be substituted.

g) Plant materials shall be:

(i) deciduous trees – minimum caliper 40 mm;

(ii) coniferous trees - minimum height 1.2 metres;

(iii) shrubs - minimum height or spread of 0.5 metre; and

(iv) hardy to the Stony Plain region and to the location on the site in which they are planted.

h) Low Water Landscaping

Aesthetic site landscaping techniques with low water and maintenance requirements is encouraged. Appendix B provides recommendations for low water landscaping plans.



27 AMENITY SPACE

Private, and if required, communal amenity space shall be provided on a site containing multiple dwelling units to the satisfaction of the development authority.

27.1 Private Amenity Space

a) Private outdoor amenity space shall be designed for the occupants of an individual dwelling and shall be provided immediately adjacent to, and with direct access from, the dwelling it is to serve. It shall be landscaped and surfaced for convenient use for outdoor activities.

b) Private outdoor amenity space may include:

(i) patios or courtyards located at or below grade; and

(ii) balconies or decks.

c) Private outdoor amenity space shall be designed to provide visual privacy.

27.2 Communal Amenity Space

a) Multi-family developments consisting of ten (10) or more dwelling units shall be required to provide communal amenity space for passive or active recreational use of all residents of the development.

b) Communal amenity space shall be indoor or outdoor space, or a combination thereof, including but not limited to landscaped courtyards, community gardens, public seating areas, swimming pools, fitness rooms, party rooms, dining or kitchen areas, games rooms and children’s play areas complete with equipment.

c) A minimum communal amenity area of 2.5 m2 per dwelling shall be provided and be developed as children’s play space or other communal recreational space, and be aggregated into areas of not less than 50 m2.

d) Where the required outdoor amenity space for dwelling units is provided within a required minimum landscaped area, it shall be seen as satisfying both requirements.



28 COMPREHENSIVE SITE PLANNING

Where a site is part of a larger project area, the whole of which is intended to be developed in phases, the development authority shall require the submission of a comprehensive development plan for the entire project area.


Notwithstanding any other provisions of this bylaw, a planned group of buildings or condominium development shall be subject to the following regulations:

a) A planned group or condominium development may be comprised of only those permitted and discretionary uses specified in the district in which it is located.

b) The overall site area of the planned group or condominium development shall not be less than the total of the minimum site area otherwise required for each dwelling unit or building and shall not exceed the density provisions for the district in which it is located.

c) At the discretion of the development authority, the Town’s engineering standards may be relaxed within the boundaries of a condominium development, provided that:

(i) adequate fire access, legal road access and municipal servicing is provided and maintained to the satisfaction of the development authority; and

(ii) the developer, heirs and assigns, or the condominium association, assumes all responsibility for the construction, maintenance, repair and replacement of all such roads and services within the condominium plan or bare land condominium plan.

d) The site coverage of each building or structure within the development shall not exceed the maximum allowed site coverage for the district in which the buildings or structures are located.

e) No dwelling unit or building within a planned group shall be closer to a front, rear or side property line than specified in the district in which it is located.

f) An access space shall be maintained between buildings within a planned group or condominium development as per the district requirements in which the development is located.

g) Planned group developments shall provide for private, and if required, communal amenity space in accordance with the provisions of Section 27- Amenity Space.



29 ZERO SIDE YARD DEVELOPMENTS


a) Where developments are proposed with a zero side yard, the regulations of this section and the regulations of the land use district in which the development is proposed shall apply.

b) Prior to the approval of any zero side yard development, plans showing grading and drainage on adjacent sites must be submitted and must be deemed acceptable to the development authority.

c) Provisions regarding reduced side yards should be reviewed in conjunction with the provisions respecting utility easements as provided in Section 21 – Utility Easements of this bylaw.

29.2 Regulations for Single Detached or Mobile Home Residential Districts

a) Easement Required

Where one side yard on a lot is reduced to 0.0 metres, as a condition of a development permit, a minimum encroachment easement of 0.6 metres and a private maintenance easement of 1.2 metres, or as required by the Alberta Building Code, must be registered on the lot abutting that side yard (Figure 29.1).

Figure 29.1 Zero Side Yard Required Easements



b) Side Yards Required

(i) Where one side yard is reduced to 0.0 metres, the other side yard must be at least 3.0 metres wide, except where a parking space is provided in the required side yard, in which case the parking space shall be 3.5 metres wide.

(ii) A minimum 1.5 metre side yard setback is required on the side of the lot that abuts another land use district which is not a zero side yard development.

(iii) No part of any structure or building shall be erected within 5.0 metres of the street boundary flanking a zero side yard lot.

(iv) A minimum separation distance of 2.4 metres shall be maintained between principal buildings on adjacent lots.



30 EXCAVATION, STRIPPING AND GRADING

30.1 Purpose

This section shall apply to all activities other than for construction or building purposes, and includes, but is not limited to, sand and gravel mining, topsoil stripping, removal of trees and construction of artificial bodies of water.

30.2 Development Permit Application Requirements

a) Any proposed excavation, stripping or grading of land on a site that does not have a development agreement in place for an approved development, shall require a development permit.

b) The following information is required for a development permit application:

(i) Location of the site, including the municipal address, if any, and legal description.

(ii) Location of any stream courses or treed areas.

(iii) The area of the site on which the excavation, stripping or grading is proposed.

(iv) The type and purpose of the excavation, stripping or grading proposed, showing the dimensions of the operation and/or the area of land and depth to which the topsoil is to be removed.

(v) The condition in which the excavation, stripping or grading is to be left when the operation is complete and the use of the area from which the topsoil is removed.

30.3 Other Permit Requirements

a) In addition to a development permit, the appropriate permits must be obtained from other agencies.

b) Where materials are to be transported off-site by means of a highway, a permit may be required from Alberta Transportation.


a) Where significant excavation and fill is proposed, the development authority may require that all activities are conducted in accordance with engineered plans by a professional Engineer.

b) Where, in the process of development, areas requiring leveling, filling, or grading, the topsoil shall be removed before work commences, stockpiled, and then replaced following the completion of the work. The affected area shall be graded and landscaped to the satisfaction of the development authority.

PART V – REGULATIONS FOR PARTICULAR AREAS Page 76


PART V – REGULATIONS FOR PARTICULAR AREAS

31 ACCESSORY BUILDINGS

Notwithstanding the district regulations in effect on a site, the following general regulations shall apply to all accessory buildings, which may include, but are not limited to garages, sheds, decks, hot tubs, gazebos, and play structures.


a) The development authority may exercise discretionary power with respect to type, placement, appearance and number of accessory buildings within the boundaries of a residential, commercial or industrial lot.

b) Where a garage or accessory structure is attached to a principal structure on the same site by a breezeway, roofed structure, open or enclosed structure above grade, the accessory structure shall be deemed to be part of the principal use and shall maintain the yard requirements of the principal building.

c) Accessory buildings which have an area greater than 10.0 m2 shall:

(i) require a development permit;

(ii) be placed on a permanent foundation; and

(iii) have an exterior finish to match the principal building.

d) No person shall use, or permit an accessory building to be used for human occupancy, except those approved for use as a secondary suite.

e) All accessory buildings shall be located away from utility lines or outside utility right-of-ways subject to the approval of the development authority.

f) All accessory buildings shall meet the general regulations regarding height, site coverage and setback requirements.

g) No accessory building shall be located in a front yard.

h) Quonsets and other fabric covered accessory structures shall:

(i) be appropriately maintained in good condition and replaced if damaged beyond repair; and

(ii) be adequately anchored.

i) Shipping Containers

(i) Shall only be permitted to be used as storage when shipping containers are a permitted or discretionary use within the district that the shipping container is located.



(ii) Shall be only be allowed to be located within residential districts when used for the purpose of loading or unloading household items or construction materials and equipment, for a period of 30 days with the possibility of extension for a maximum period of 3 months considered by the development authority upon request by the landowner.

(iii) Shipping containers that are located on a site for more than 30 days shall be painted or sided to match or compliment the principal building with the exception of these containers existing in Land Use District M-1 Business Industrial District and M-2 General industrial District.

(iv) Shall not eliminate or interfere with parking, loading or the maneuvering of vehicles or pedestrians on the site.

(v) Shall not interfere with vehicle or pedestrian sight-lines.

31.2 Development Regulations in Non-Residential Districts

a) In all other districts, regulations governing the development of garages, accessory buildings and structures shall be at the discretion of the development authority, who may use as a guide the regulations in Section 31.1 and Section 31.3, unless otherwise provided for in this bylaw.

31.3 Development Regulations in Residential Districts

a) Height

The height of an accessory building or structure shall not exceed:

(i) 4.0 metres, except playhouses and play equipment which shall not exceed 3.0 metres;

(ii) the height of the principal building on the site in which it is located.

b) Site Coverage

No person shall construct or permit the construction of an accessory building, or group of accessory buildings, such that, individually or collectively, the gross floor area would:

(i) along with the principal building, exceed the maximum site coverage allowed on the lot;

(ii) exceed the gross floor area of the principal building on the lot; or

(iii) exceed twelve (12) percent of the site area.

c) Minimum Setback Requirements

(i) 1.0 metre from the rear property line.

(ii) 1.0 metre from the side property line.

(iii) 2.0 metres from the dwelling.



(iv) No closer to the street than the front line of the principal building, except in the case of a double fronting or corner lot with two front yards where:

(A) a setback of 4.0 metres may be permitted from one front lot line; or

(B) a setback of 7.5 metres may be permitted from the curb on one front lot line; or

(C) if in the opinion of the development authority, any permitted adjacent development would not be adversely affected.

(v) An accessory building may, at the discretion of the development authority, be constructed on a zero side yard setback, provided they are located on the same zero side yard as the principal building and the provisions under Section 29 – Zero Side yard Developments of this bylaw are adhered to.

d) Additional Setback Requirements for Rear Detached Garages

Where:

(i) the garage door faces the street, (Figure 32.1a)

(A) it shall not be located closer than 1.0 m to a rear or side property line, and;

(B) the driveway shall be either between 1.0 and 2.0 metres to allow large vehicles to turn into the garage from the lane, or;

(C) at least 6.0 metres to allow for parking on the driveway.

(ii) a rear detached garage requires vehicular access from the front property line, (Figure 32.1b) one side yard setback to the dwelling must be a minimum of 3.2 metres

(iii) the garage door faces the lane, (Figure 32.1c)

(A) the driveway shall be either between 1.0 and 2.0 metres to allow large vehicles to turn into the garage from the lane, or;

(B) at least 6.0 metres to allow for parking on the driveway. (Figure 32.1d)

(iv) the garage door faces a side yard on an internal lot and is accessed from a lane, the entry shall be no closer than 6.0 m to that side yard.



Laneless Subdivision

Subdivision with a lane Subdivision without a lane

Figure 32.1 Setback Requirements for Rear Detached Garages

*For illustrative purposes only (not drawn to scale). All measurements are minimum requirements only.



32 SWIMMING POOLS, HOT TUBS AND OTHER WATER FEATURES

a) These regulations shall apply to any water feature that is 0.6 metres deep or greater, including:

(i) in-ground pools;

(ii) above ground and portable pools; and

(iii) hot tubs.

b) Site Restrictions

(i) A swimming pool, hot tub or other water feature shall not be located within a front yard.

(ii) A swimming pool, hot tub or other water feature shall be located a minimum of 1.0 metre from side and rear property lines

c) Entry Restrictions

(i) Every private swimming pool or hot tub shall be secured against entry by the public other than owners, tenants or their guests.

(ii) No outdoor swimming pool or hot tub shall be constructed unless the property is fenced; except that a wall of a building may be considered to provide adequate protection for its length when substituted for any portion of the fence.

(A) Every fence enclosing a private outdoor swimming pool or hot tub shall be 1.8 metres in height above grade.

(B) Every fence enclosing a public outdoor swimming pool or hot tub shall be at least 2.0 metres in height above grade.

(iii) Fencing shall be of approved design such that it will deter children or persons from climbing over or crawling through or under it to gain access. Gates in the fence shall provide protection equivalent to the fence and shall be equipped with a self-latching device and lock located on the inside of the gate.

(iv) No barbed wire nor electrification of any part of a fence or gate enclosing a swimming pool or hot tub shall be permitted.

d) Safety Requirements

A private swimming pool shall be provided with at least one exit ladder or stair from the deepest part of the pool where the greatest dimension of the pool does not exceed 9.0 metres. An additional ladder or stair is to be provided at the opposite end of the pool where the pool exceeds 9.0 metres.

e) Treatment of Water

The method and degree of treatment of water for all private swimming pools or hot tubs shall be to the satisfaction of the Public Health Officer.



33 SECONDARY SUITES

33.1 Types of Secondary Suites

In residential districts, a secondary suite may be located within either:

a) a suite below the main floor of a dwelling (basement suite);

b) a suite above the main floor of a dwelling, or;

c) a suite above a rear detached garage (garage suite).


a) Density

(i) No more than one secondary suite shall be developed on any lot.

(ii) The maximum number of unrelated persons occupying a secondary suite shall be two.

b) Coverage

The floor area occupied by the secondary suite shall be considered as part of the principal use of the structure for the purpose of calculating site coverage.

c) Parking and Access

One additional off-street parking space shall be provided in accordance with Section 47 – Off Street Parking Requirements.

d) Accessory Buildings

(i) In no instance shall two separate accessory buildings be developed on a single site where one is a detached garage and the other contains a secondary suite.

(ii) A rear detached garage containing a secondary suite shall be located a minimum of 3.0 metres from the principal dwelling, and shall have the same side yard setback as the principal building on the site, or meet the minimum setback requirements and construction standards of the Alberta Building Code.

(iii) A secondary suite shall only be permitted above a garage where the height of the garage does not exceed the height of the principal building, but in no case shall a garage with a secondary suite exceed 6.0 metres in height.

(iv) Balconies shall only be allowed in a secondary suite above a detached garage where the balcony faces a lane or a flanking public roadway.

e) Compliance with Other Legislation

In developing a secondary suite, the owner shall comply with all relevant requirements of the Alberta Building Code as amended from time to time, which may include, but is not limited to, fire wall separations, accesses and heating systems for each dwelling unit.



f) Design Guidelines

(i) All buildings on the site shall be compatible in scale to the dwellings in the immediate vicinity.

(ii) The portion of the principal building or accessory building containing the suite shall reflect the design of the principal building, incorporating similar features such as window and door detailing, exterior cladding materials and colours and roof lines.



34 HOME OCCUPATIONS

34.1 Purpose

The purpose of this section is to:

a) permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income;

b) protect residential areas from adverse impacts of activities associated with home occupations; and

c) establish regulations for home occupations conducted in dwelling units and accessory buildings in residential areas.


a) A home occupation constitutes an accessory use and shall be incidental and subordinate to the principal residential use of the dwelling and shall not change the external appearance or character of the dwelling. No business activities associated with the home occupation may be conducted on the lot outside the dwelling unit.

b) No home occupation shall occupy more than twenty-five (25) percent of the gross floor area of the dwelling unit, and if permitted, the use of any garage or accessory building.

c) A home occupation shall not create any noise, dust, odours, noxious fumes, or vibrations emanating from the premise which is not normally produced by a dwelling unit.

d) A home occupation shall not generate any pedestrian or vehicular traffic or parking that is a source of inconvenience to adjacent landowners or tenants.

e) An advertising display sign of not larger than 0.3 m2 may be placed outside against the wall of the dwelling or displayed from the inside of a window of the dwelling.

f) There shall be no outside storage of materials, commodities, or finished products.

g) All home occupations shall comply with the environmental protection standards as defined in Section 25 – Environmental Protection Standards.

h) No commodity other than the product or service of the home occupation shall be sold on the premises.



34.3 Home occupations, minor shall:

a) not require a development permit;

b) require a business license;

c) not extend to the garage or accessory buildings; and

d) not receive clients to the dwelling.

34.4 Home occupations, major shall:

a) require a development permit;

b) require a business license;

c) not employ more than one person within the dwelling other than family members residing in the dwelling;

d) be permitted to extend business activities to the garage or accessory building; and;

e) not permit more than six students or customers to be in attendance at any one time.



35 GROUP HOMES AND CHILD CARE FACILITIES

35.1 Group Homes and Limited Group Homes

a) Licensing Approval

A group home or limited group home shall be permitted provided that they comply with the district regulations in which the home is located and where necessary, are licensed or approved by the appropriate provincial agency.

b) Locational Guidelines

In considering the location of a proposed group home, the development authority shall take into consideration:

(i) that a group home shall not be permitted to locate within 300 metres of another group home;

(ii) the intensity and design of the facility being proposed relative to the density of the district;

(iii) proximity to parks or other amenities;

(iv) existing and proposed buffering to minimize impacts on surrounding residential properties.

35.2 Child Care Facilities

a) Licensing Approval

All child care facilities shall comply with the provisions of the Provincial Day Care Regulations concerning site requirements and development standards.

b) Locational Guidelines

In determining the appropriate location for a day care facility or a family day home the development authority should consider the following:

(i) traffic levels within the area of proposed development;

(ii) proximity to parks or other open spaces, and;

(iii) techniques to mitigate the impact on adjacent residential properties.



36 BED AND BREAKFAST ACCOMMODATIONS

a) Bed and breakfast accommodations shall not interfere with the amenities of adjacent residents and shall be an incidental and subordinate use to the principal residential use.

b) Bed and breakfast accommodations shall:

(i) be operated by the residents of the dwelling;

(ii) contain a maximum of two (2) commercial accommodation units;

(iii) provide one additional on-site parking space for each accommodation unit;

(iv) not change the residential character and external appearance of the dwelling involved;

(v) provide only breakfast to registered guests. No accommodation unit shall include a kitchen; and

(vi) meet public health regulations and be kept in a manner satisfactory to the health regulatory authority.

c) An advertising display sign of not larger than 0.3 m2 may be placed outside against the wall of the dwelling or displayed from the inside of a window of the dwelling.

37 SHOW HOMES AND SALES OFFICES

a) A person wishing to use a site for a show home or sales office shall provide the following information in addition to the requirements of Section 5 – Application for Development Permit, when making an application for a development permit:

(i) the location and area intended as a show home site;

(ii) parking provisions Section 47 – Off-Street Parking Requirements;

(iii) any exterior lighting as necessary; and

(iv) any signs which may be permissible (Part VII – Sign Regulations).

b) The period of time for which the show home or sales office is to be operated shall be negotiated with the development authority and identified on the development permit.

c) The appearance of the building shall, in the opinion of the development authority, be compatible with the character and mass of other buildings in the vicinity.



38 ANIMAL AND BIRD UNITS

a) Number of Animals

(i) As per the Animal Control Bylaw, as amended by Council from time to time, no more than two (2) dogs and three (3) cats shall be allowed per lot.

(ii) The keeping of dogs or cats in numbers greater than two dogs and three cats shall be considered operating a kennel.

(iii) In R-1R Rural Residential District (Sec. 64, LUB) or U-R Urban Reserve Districts (Sec. 83, LUB) where the parcels are greater than 0.81 hectares (2.0 acres), additional animal/bird units shall be allowed in accordance with the following:

TABLE 38.1: ALLOWABLE NUMBER OF ANIMAL/BIRD UNITS

Residential Parcel Size Number of Animal/Bird Units

0.81 ha - 1.21 ha (2.0 - 2.99 ac) 1

1.22 ha - 1.61 ha (3.0 - 3.99 ac) 2

1.62 ha - 2.02 ha (4.0 - 4.99 ac) 3

2.03 ha - 2.42 ha (5.0 - 5.99 ac) 4

2.43 ha - 4.04 ha (6.0 - 9.99 ac) 5

4.05 ha or greater (10.0 ac plus) 5*

*plus – the number of animal/bird units permitted for that portion of a parcel in excess of 4.05 hectares (10.0 acres).

Example: 5.26 ha (13.0 ac.) = 5+2 = 7 total animal/bird units

b) For the purposes of this Section, “one animal/bird unit” equals the following:

(i) 1 horse, donkey or mule (over one year old), or

(ii) 2 colts up to one year old, or

(iii) 2 llama, 3 alpaca or guanaco, or

(iv) 1 cow or steer (over one year old), or

(v) 2 calves up to one year old, or

(vi) 1 elk, deer or buffalo

(vii) 2 elk, deer or buffalo calves up to one year old, or

(viii) 15 chickens, or

(ix) 10 ducks, turkeys, pheasants, geese or other similar fowl, or



(x) 3 sheep or goats, or

(xi) 20 rabbits or other similar rodents, or

(xii) 2 ostriches or emus or other ratites (see Section 38(e) below).

c) The keeping of animals/birds not in accordance with Section 38(a) may only be allowed on a discretionary basis upon issuance of a development permit approval, in those circumstances considered exceptional or unique by the development authority.

d) In the event of offspring being born, the permitted number of animals may be increased for a maximum of six months from the date of birth.

e) The keeping of ostriches, emus or other ratites on a residential parcel may only be allowed on a discretionary basis upon issuance of a development permit. Any development permit issued for the keeping of these birds shall require, as a condition of approval, the construction perimeter fence, which is at least 1.8 metres high and comprised of tight lock game fencing or chain link fencing with steel or wooden posts around the fenced pen area.

f) Notwithstanding the above, the development authority may restrict the number and type of animals and/or livestock which would interfere with the use, enjoyment or value of neighbouring properties.

g) No animals shall be permitted to run at large.

h) The keeping of animals shall comply with Section 25 – Environmental Protection Standards of this bylaw. In particular, all animal waste shall be stored and disposed of in a sanitary manner.

i) From the date of approval of this bylaw, when an animal is removed for ten (10) days or more from a property that is deemed to have more animal/bird units than is the maximum allowable, the animal cannot be replaced.



39 VEHICLE-ORIENTED USES

In districts where permitted or discretionary uses include drive-in businesses and similar uses, these developments shall comply with the regulations of this section.

a) Site Location

Vehicle-oriented uses shall be permitted only when a development authority is satisfied that the development will not adversely affect the function of surrounding public roadways, traffic circulation upon the site or adjacent residential land uses.

b) Lot Width

The minimum frontage shall be 30.0 metres.

c) Site Area and Coverage

(i) The minimum site area and coverage requirements for each type of drive-in business shall be as specified in Table 39.1.

(ii) Where two or more of the drive-in business uses are part of a mixed use development on the same site, the total site area requirement shall be the sum of the requirements of the uses computed separately, unless the applicant can demonstrate to the development authority that there is a complimentary use of space which would warrant a reduction in site area requirements.

TABLE 39.1: SITE AREA AND COVERAGE

Type of Business Minimum Site Area Maximum Site Coverage

Car washes 1100 m2 See district site coverage requirements.

Drive-in food services 930 m2 15 percent

Gas bars 60 m2 for each fuel pump, not including the area covered by

buildings or structures.

See district site coverage requirements.

Service stations, minor 600 m2 Site coverage, including pump

islands shall not exceed 20 percent.

Service stations, major 1,200 m2 Site coverage, including pump

islands shall not exceed 20 percent.



d) Site Requirements

(i) All parts of the site to which vehicles may have access shall be hard-surfaced and drained to the satisfaction of the development authority.

(ii) The site and all improvements thereon shall be maintained in a clean and tidy condition, free from rubbish and debris. Receptacles for the purpose of disposing of rubbish and debris shall be provided as required by the development authority.

(iii) In addition to the landscape requirements identified in Section 26 - Landscaping, a car wash shall be visually screened from an adjacent residential district by a fence of 1.8 m in height or a combination of a fence and soft landscaping.

e) Curb Cuts

(i) The nearest edge to a curb cut to the nearest curb line of the street intersection shall not be less than 10.0 metres.

(ii) The maximum width of the curb cut shall not exceed 10.6 metres.

(iii) The angled distance between the curb and the edge of the driveway shall not be less than thirty degrees or more than sixty degrees.

(iv) The minimum distance between curb cuts on the same boundary of the site shall not be less than 6.0 metres.

f) Queuing Spaces

(i) For drive-in food services and other similar developments having one queuing lane, a minimum of six in-bound queuing spaces shall be provided for vehicles approaching the service window. One out-bound space shall be provided on the exit side of the service window and shall not interfere with other vehicular movements.

(ii) For financial services or similar developments having one queuing lane, a minimum of three stacking spaces shall be provided for vehicles approaching the service window. One out-bound space shall be provided on the exit side of the service window and shall not interfere with other vehicular movements.

(iii) For car washing and other establishments with more than one bay, a minimum of two stacking spaces shall be provided per bay. One out-bound space shall be provided on the exit side of the service window and shall not interfere with other vehicular movements.

(iv) All queuing spaces shall be a minimum of 6.5 metres long and 2.75 metres wide, and the queuing lanes shall provide sufficient space for turning and maneuvering.



g) Special Requirements for Gas Bars and Service Stations

(i) All fuel pump islands shall be located at least 6.0 metres from any boundary of the site, a parking area on the site, or any laneway intended to control traffic circulation on the site.

(ii) A canopy over a pump island may extend to within 3.0 metres of the boundary of the site.

(iii) The minimum lot depth for a service station shall be 30.0 metres.



40 PLACES OF WORSHIP

a) The site on which a place of worship is situated shall have a frontage of not less than 30.0 metres and an area of not less than 900 m2 except where a building for a minister's residence is to be erected on the same site. The combined area of the site in this case shall not be less than 1,440 m2.

b) Front, side and rear yards shall be those permitted within the district in which the place of worship is located, except where the height restriction of the district is exceeded. In that case, the yard setback requirement shall be at the discretion of the development authority.

c) Where a church located in the central area wants to expand; the site, size and setback regulations shall be at the discretion of the development authority.

d) All places of worship in residential districts shall be located on sites which abut a collector street.



41 SURVEILLANCE SUITES

In districts where surveillance suites are allowed as a discretionary use, an application for a development permit shall be required, and shall, if given approval, comply with the following special provisions:

a) The maximum floor area of any surveillance suite shall be 84.0 m2.

b) Where a surveillance suite is attached to the principal building on a site by a roof, an open or enclosed structure, a floor or a foundation, it is to be considered a part of the principal building.

c) Unless otherwise provided in this bylaw, detached surveillance suites shall be located to the satisfaction of the development authority, and shall comply with the following minimum setbacks:

(i) a minimum of 2.0 metres from any buildings;

(ii) a minimum of 2.0 metres from the rear property line and the side property line; and

(iii) no closer than the front line of the principal building.

d) Where the surveillance suite is a mobile home unit, the unit shall have C.S.A. certification or equivalent. Proof of these shall be submitted with the development permit application. The mobile home unit shall be secured to a foundation and properly skirted to the satisfaction of the development authority.

e) The design and quality of exterior treatment of the surveillance suite shall be compatible with any other building existing on the property to the satisfaction of the development authority.

f) All surveillance suites shall require an occupancy permit from the Safety Codes Officer, prior to occupation or usage of a surveillance suite.



42 AMUSEMENT ESTABLISHMENTS

a) A development permit is required when two or more mechanical, electronic or table games are proposed per development. (see Sec. 4.3(o), LUB)

b) In any establishment containing amusement machines, adequate space shall be provided for each amusement game machine so as to allow its use without overcrowding. There shall be a maximum of one machine per 2.25 m2 of floor area. There shall be a minimum entrance-way clearance of 1.5 metres.

c) A maximum of three (3) amusement game machines shall be considered accessory to recreational establishments, drinking establishments and commercial uses such as convenience stores, patron areas of malls, hotel lobbies, restaurants, laundromats provided that:

(i) the floor area of such businesses complies with the square metre regulations as described in Section 42(b) above; and

(ii) traffic circulation and parking of vehicles and bicycles can be accommodated.

d) Any establishment containing amusement machines as a principal use is to be located in a shopping centre which has more than six (6) commercial units.



43 VETERINARY CLINIC OR HOSPITALS, PET SHOPS AND KENNELS

a) Veterinary clinics or hospitals, pet shops and kennels shall:

(i) be adequately protected to suppress objectionable emissions.

(ii) be equipped with adequate sound proofing of pens, rooms and runs;

(iii) be equipped with an adequate number of indoor exercise runs relative to the maximum number of animals that can be housed overnight; and

(iv) have a separate air extractor system in the animal holding area such that heating and air conditioning is not shared with other businesses.

b) The keeping of dogs and establishment of kennels shall be in accordance with the most current bylaw relating to the regulation and keeping of dogs and the most current bylaw for the licensing control and regulating of any business, including amendments, as duly passed by Town Council or the Town of Stony Plain.

c) No kennels shall be permitted in a residential district or within 35.0 metres of a property within a residential district.



44 RADIO COMMUNICATION STRUCTURES

44.1 Radio Communication Structures

a) In residential districts, no person shall erect any radio communication structure:

(i) that is located in a front yard;

(ii) that is less than 1.5 metres from side and rear property boundaries;

(iii) that exceeds 10.0 metres in height measured from finished grade at the site of installation; or

(iv) that is used for commercial purposes.

b) No person shall erect more than one freestanding antenna or two roof top antennas on a residential lot.

c) In commercial districts, radio communication structures shall:

(i) meet the setback requirements of the district, or meet setback requirements that are satisfactory to the development authority;

(ii) not be located in the front yard between the principal building and the street; and

(iii) not exceed 20.0 metres in height.

44.2 Additional Regulations for Satellite Dishes

a) No satellite dish shall be located in or encroach on any front yard or side yard which abuts a street.

b) Not more than one (1) satellite dish is permitted per site in a residential district.

c) A satellite dish in a residential district shall be erected so that, where the dish is mounted on the ground, the elevation of the lowest edge (base) of the dish does not exceed the elevation of the underside of the lowest eaves on the principal building.

d) Satellite dishes may be located on a roof if screened or incorporated into the roof structure in a manner satisfactory to the development authority. If not completely screened, the satellite dish must be painted to match the main colour of the principal building or of the roof.

e) The satellite dish shall not be illuminated and shall not include a sign.

PART VI – VEHICLE ACCESS, PARKING AND LOADING REGULATIONS Page 97


PART VI – VEHICLE ACCESS, PARKING AND LOADING REGULATIONS

45 PERMITTED ACCESS TO STREETS AND LANES

a) Highways

All accesses onto a highway must be approved by the Provincial Highway Authority, or when approved within an Area Structure Plan prior to the passing of this bylaw.

b) Arterial Routes

(i) A collector may be allowed access onto an arterial street.

(ii) Access to an arterial street is permitted when approved within an Area Structure Plan prior to the passing of this bylaw.

c) Collector Routes

A high density residential, comprehensively planned medium density residential, commercial, institutional or industrial development may be allowed access onto a collector street.

d) Local Streets

Private residential access is permitted onto a local street.

e) Lanes

(i) All uses are permitted access onto a lane.

(ii) Except for commercial uses, no direct access shall be permitted from a lane to a parking stall in a parking facility of more than three (3) stalls unless special circumstances are judged by the development authority to warrant it.

(iii) Where any parking stall has direct access from a lane, the front of the stall shall be no less than 7.5 metres from the closest boundary of the lane.



46 LOCATION AND NUMBER OF DRIVEWAY CROSSINGS

46.1 Private Residential Driveways

a) A residential development shall be permitted only one (1) access or driveway at either the front, rear or side of the lot.

b) In no case should a private residential driveway crossing be situated:

(i) closer than 8.0 metres from a corner lot property line adjacent to an intersection; and

(ii) closer than 1.0 metre from a corner lot property line adjacent to a lane.

c) The width and location of a private residential driveway crossing shall be as specified in Figure 46.1

Figure 46.1 Private Residential Driveway Crossings



46.2 Uses Other Than Private Residential

a) For all uses other than private residential, a development shall normally be permitted a maximum of two (2) one-way, or one (1) two-way driveway crossings per frontage. Additional accesses may be allowed at the discretion of the development authority, given the nature and size of the development, anticipated traffic generation and the design and configuration of the adjacent municipal roadway where access is proposed.

b) Provision of a shared two-way access between two adjacent sites is encouraged, and shall be obtained through a written shared access agreement between the landowners of the subject sites.

c) Necessary curb cuts shall be located and flared to the satisfaction of the development authority and shall be constructed to the following standards.

(i) A driveway crossing shall not be situated:

(A) closer than 10.0 metres from a corner lot property line adjacent to an intersection; and

(B) closer than 3.0 metres from a side property line or lane.

(ii) Two-way driveway crossings should be positioned at ninety (90) degrees to the street. The minimum distance from a two-way driveway crossing to the top of the flare shall be 1.5 metres.

(iii) One-way driveway crossings should be angled in the direction of entry or exit and shall be properly signed. The angle between the curb and the edge of the driveway shall not be less than thirty (30) degrees or more than sixty (60) degrees.

(iv) The minimum distance between driveway crossings on the same boundary of the site shall not be less than 6.0 metres. This distance may be reduced when, in the opinion of the development authority, a shorter distance would be necessary for reasons of public safety or convenience.

d) The width and location of driveway crossings for all uses other than private residential shall be as specified in Figure 46.2.



Figure 46.2 Driveway Crossings for Uses Other than Private Residential



47 OFF-STREET PARKING REQUIREMENTS

47.1 General Parking Requirements

a) The minimum off-street parking requirements shall apply in every district to any development, whether a new building, an enlargement or addition to an existing building, or a change in use, except for new development within the Central Business District Parking Overlay area (see Sec. 56, LUB).

b) The minimum off-street parking requirements for each land use shall be as identified in the following tables:

(i) Residential Uses as specified in Table 47.1.

(ii) Commercial Uses as specified in Table 47.2.

(iii) Institutional and Industrial Uses as specified in Table 47.3.

c) Notwithstanding the above, the development authority may require additional parking stalls based on the number of employees, type of business and anticipated intensity of use.

d) Where the parking requirements of a land use are not specified in this bylaw, the development authority shall be guided by the standards for similar uses.

e) Where a development on a parcel falls within more than one use of a building or development, the required number of spaces shall be the sum of the requirements for each of the land uses as specified under Section 47 (b) above.

f) Where a fractional number of parking spaces are required by this bylaw, the next highest number of stalls shall be provided.

g) The number of parking stalls required may be reduced where, in the opinion of the development authority, the parking required by various users on a site will vary according to time so that all needs, as defined in this bylaw, can be met at any given time by a reduced number of stalls.



TABLE 47.1: OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL USES

Use of Building or Lot Minimum Number of Parking Spaces

All street-oriented dwellings, including:

Duplexes

Manufactured or mobile home units

Row houses

Single detached dwellings

Semi-detached dwellings

2.0 spaces per dwelling unit. Tandem parking is permitted which may include one (1) garage space.

Dwellings within:

Apartments

Comprehensively planned medium density districts

Fourplexes

Stacked row houses

1.5 spaces per dwelling unit, and at least one (1) stall shall be assigned to each dwelling unit. Apartment buildings shall have one (1) bicycle parking stall per 15 vehicle stalls.

Visitor parking in:

Adult care residences

Apartments

Comprehensively planned medium density districts

Mobile home courts

Stacked row houses

One (1) space for every ten (10) dwelling units and shall not be in tandem.

Show homes and sales offices Four (4) spaces per 100 m2 of floor area.

Accessory uses

Bed and breakfasts

Home occupations, major

Secondary suites

One (1) additional space per dwelling or sleeping unit.

Adult care residences 0.6 spaces per dwelling unit

Group homes One (1) space per four beds; plus, where applicable, one (1) space for every two (2) employees.



TABLE 47.2 OFF-STREET PARKING REQUIREMENTS FOR COMMERCIAL USES


Offices

Health clinics

Neighbourhood shopping centres

Personal services

One (1) space per 40 m2 of gross floor area, plus one (1) bicycle parking stall per five (5) vehicle stalls.

Restaurants

Bars and neighbourhood pubs

Drive-in food services

One (1) space per four (4) seating spaces, plus one (1) bicycle parking stall per five (5) vehicle stalls.

Private clubs One (1) space for each 10 m2 of gross floor area

Automotive and minor recreational vehicle repair and sales

Car washes

Gas bars

Service stations

Wholesale stores

One (1) space for each 100 m2 of gross floor area, provided this is not less than three (3) spaces per establishment.

Business support services

Neighbourhood convenience stores

Household repair services

Retail stores, minor

One (1) space per 50 m2 of gross floor area, plus one (1) bicycle parking stall per five (5) vehicle stalls.

Community shopping centres

Retail stores, major

One (1) space per 30 m2 of gross floor area, plus one (1) bicycle parking stall per ten (10) vehicle stalls.

Regional shopping centres One (1) space per 20 m2 gross floor area, plus one (1) bicycle parking stall per twenty (20) vehicle stalls.

Hotels

Motels

One (1) space per guest room, plus additional stalls as required for other uses.

Auditoriums

Amusement establishments

Private recreational establishments

Theaters

One (1) space per five (5) seating spaces or one (1) space per 10 m2 gross floor area; plus one (1) bicycle parking stall per ten (10) vehicle parking stalls.



TABLE 47.3 OFF-STREET PARKING REQUIREMENTS FOR INDUSTRIAL AND URBAN SERVICE USES


Any development within the industrial use classes

One (1) space per 100 m2 of gross floor area; provided this is not less than three (3) parking spaces per tenant or establishment.

Places of worship One (1) space per five (5) seating spaces; plus one (1) bicycle parking stall per twenty (20) vehicle spaces.

Government services One (1) space per 50 m2 of gross floor area plus one (1) bicycle parking stall per ten (10) vehicle spaces.

Public or private elementary and junior high schools

One (1) vehicle parking space per ten (10) students and one (1) bicycle parking stall per five (5) students, based on design capacity.

Public or private senior high schools

One (1) vehicle parking space per five (5) students and one (1) bicycle parking stall per ten (10) students, based on design capacity.

Public recreational establishments

One (1) space per five (5) seating spaces or one (1) space per 10 m2 of gross floor area; plus one (1) bicycle parking stall per ten (10) vehicle spaces.

Extended medical treatment facilities (except nursing homes and sanitoriums)

One (1) space per 80 m2 of floor area; plus 1 bicycle parking stall per ten (20) vehicle spaces.

Nursing homes

Sanitoriums

One (1) space per four (4) beds, plus one (1) space for every two (2) employees on maximum work shift, whichever is the greater.

Protective and emergency services One (1) space per employee on maximum work shift.



47.2 Barrier Free Parking

a) As per provincial requirements, five (5) percent of all parking spaces shall be barrier free and shall be considered as part of the total required parking. A maximum of four (4) spaces may be required, unless special circumstances would warrant more than four (4) barrier free spaces.

b) Barrier free parking spaces shall have a minimum stall width of 4.0 metres.

c) Barrier free parking spaces shall be located as close as possible to building entrances and shall be clearly designated as such.

47.3 Communal Parking

a) The development authority may allow a developer to fulfill parking requirements on a site other than the site proposed for development provided that:

(i) The alternate site is within 120 metres of the site proposed for development, it is to be used exclusively for the purpose of parking and can be secured for a time period equal to that of the approved use.

(ii) An owner or a group of owners of non-residential property can fulfill the parking requirements by pooling their required off-street parking stalls within one or more shared parking facilities.

(iii) A registerable agreement providing for the shared use of parking shall be executed between the owner of the lot on which the parking is provided and the owners of the lot for which the shared parking is required.

(iv) The agreement executed pursuant to Subsection (iii) shall be binding on the owner and his heirs and successors and restrict the use of the lot to parking so long as the uses for which the shared parking was provided exists.

(v) Where a group of land uses is served by a shared parking facility, the number of required stalls shall be the sum of the off-street parking requirements for each of the uses served by the parking facility.



48 MINIMUM PARKING STALL DIMENSIONS

a) In all residential districts, the minimum depth of a motor vehicle parking stall shall be 6.0 metres on a private driveway, measured from the property line.

b) The minimum dimensions of parking stalls and maneuvering aisles within parking lots, garages or structures shall be in accordance with Figure 48.1 and Table 48.1.

c) Where the side of a parking stall is against any permanent structure greater than 0.2 metres in height, at any point in the front 3.6 metres of the stall, the minimum width of a stall shall be 0.3 metres wider than the width specified in Figure 48.1 and Table 48.1.

d) Notwithstanding the above, up to twenty (20) percent of the required parking spaces in any parking area may be designated and signed as stalls for compact cars in accordance with Table 48.1, and by approval of the development authority.



Figure 48.1 Minimum Parking Facility Dimensions

TABLE 48.1 MINIMUM PARKING FACILITY DIMENSIONS

-A- -B- -C- -D- -E-

Car size Angle of parking

Minimum required stall

width (metres)

Depth of stall with curb overhang (metres)

Depth of stall with curb over 0.2 m in height

(metres)

Minimum aisle width (metres)

One-way Two-way

Compact

0°

2.50 2.5 2.8

3.4 6.7 Standard 2.75 2.75 3.0

Barrier free 4.0 4.0 4.3

Compact

30°

2.50 3.5 4.6

3.6 --- Standard 2.75 3.9 4.9


Compact

45°

2.50 4.3 5.2

3.6 --- Standard 2.75 4.9 5.8


Compact

60°

2.50 4.9 5.5

5.5 --- Standard 2.75 5.5 6.2


Compact

90°

2.50 5.1 5.3

7.0 7.0 Standard 2.75 5.6 5.8


Note: In all residential districts, the minimum depth of a motor vehicle parking stall shall be 6.0 metres on a private driveway, measured from the property line.



49 DEVELOPMENT REQUIREMENTS FOR PARKING AREAS


a) Each parking space in the parking area shall have the limits of the parking space clearly marked and shall be regularly maintained.

b) Where an off-street parking lot at grade provides a parking area of 700 m2 or greater, the parking spaces shall be arranged within smaller cells and defined by landscaping as required in Section 49.2 below.

c) All off-street parking facilities shall be constructed so that:

(i) necessary curb cuts are located and flared to the satisfaction of the development authority, and;

(ii) all areas of a site to which a vehicle has access, including parking facilities and lanes, are hard-surfaced or paved with asphalt or concrete to the satisfaction of the development authority, and;

(iii) parking facilities used at night have adequate lighting for the entire parking facility. Such lighting shall be directed away from adjacent residential properties and other properties where, in the opinion of the development authority, it would have adverse effects, and;

(iv) grades and drainage dispose of surface water. In no case shall grades be established that would allow surface drainage to cross any sidewalk or site boundary unless approved by the development authority; and

(v) medians that are provided shall be landscaped to the satisfaction of the development authority.

49.2 Landscaping

a) Perimeter Landscaping

Where a parking lot abuts a street, park or residential district, a landscaped strip of at least 2.0 metres shall be provided around the perimeter of the parking lot. The landscaped strip shall include, but not be limited to, deciduous trees spaced a minimum of eleven (11) metres between trunks and a combination of shrubs, grass, decorative hard surface treatment or other ground cover.

b) Interior and Median Landscaping

In addition, landscaping of at least one deciduous tree for every 100 m2 of parking lot area shall be provided within on-site parking lots of 700 m2 or greater.

(i) The required landscaping shall be placed within the parking area so as to delineate entrance routes and provide visual relief.

(ii) An appropriate planting island shall be provided to protect the landscaping to the satisfaction of the development authority.



49.3 Parking Structures or Garages

a) A parking structure with queuing access shall provide a minimum of two (2) queuing spaces on-site before any control device is reached. Designs that require queuing on slopes shall be avoided.

b) Maximum vehicle ramp grade shall be twelve (12) percent with minimum 3.5 m long transitions at the top and bottom of the ramp. If the ramp is heated, the maximum grade shall be fifteen (15) percent.

c) No dangerous goods, or flammable or combustible liquids shall be permitted within a parking structure or garage, other than as contained within or connected to the fuel system of a motor vehicle using the parking structure or garage.

d) Parking structures or garages shall be developed in accordance with the following crime prevention and vehicular safety principles:

(i) interior stairwells of parking structures or garages shall be designed for visual accessibility. Machine rooms, heating systems, elevators and stairwell shafts, building columns and other major visual obstructions shall be located to enable visual supervision of the parking spaces and stairwells;

(ii) entrapment spaces in a parking structure or garage shall be eliminated wherever possible. Storage rooms shall be provided with locking mechanisms, and can be enclosed with chain link fence or other types of intrusion resistant material;

(iii) clear safety glass panels shall be incorporated in all doors leading to stairwells, corridors and entrances including elevator lobbies to allow for clear sightlines;

(iv) sharp blind corners on stairs, ramps or corridors shall be eliminated wherever possible. If blind corners can not be avoided, security mirrors or other devices shall be utilized; and

(v) landscaping around the parking garage shall be of a type that permits the widest possible view from the street of all pedestrian entry and exit areas.

e) Directional and information signage consistent in design, color, symbols and graphics shall be provided to:

(i) direct persons to pedestrian exits;

(ii) direct persons to vehicular exits;

(iii) identify areas so that persons may locate their vehicles; and

(iv) advise persons to lock their vehicles and remove all valuables.



f) Above ground parking structures shall:

(i) meet the minimum setback and landscape standards applicable to the district in which they are located;

(ii) not be located adjacent to sensitive uses such as residential, schools or parks unless appropriate setback, screening and other mitigation strategies are incorporated;

(iii) consider architectural compatibility, size, scale and massing in relation to adjacent structures; and

(iv) consider exterior elevations shall incorporate design components and materials utilized and compatible with the primary buildings.

g) In any commercial district, commercial uses other than the parking structure shall be provided at grade along the street front when required by the development authority to provide continuity along the street.



50 OFF-STREET LOADING REGULATIONS

a) Application

(i) Where a development requires pick-up or delivery of persons or commodities, vehicular loading and unloading spaces shall be provided and maintained on the site, complete with access from a street or lane, in accordance with the requirements specified in Table 50.1.

(ii) Any building or use not specified in Table 50.1 shall have off-street loading as determined by the development authority.

(iii) Where there is a fractional number of loading spaces required, the next highest number of spaces shall be provided.

b) Minimum Loading Space Dimensions

Off-street loading spaces shall be not less than 4.0 metres in width and 8.0 metres in length, and have overhead clearance of not less than 4.3 metres above grade.

c) General Development Regulations

Off-street loading spaces shall:

(i) be contained entirely on the site and shall not encroach onto a public road. Each loading space shall be designed so that the loading activity does not cause interference in the movement of traffic or pedestrians on adjacent public roadways, lanes or sidewalks;

(ii) be sited at an elevation or elevations convenient to a major floor level in the building or to a utility elevator serving each major floor level;

(iii) be graded and drained so as to dispose of all surface water. In no case shall grades be established that would allow drainage to cross site boundaries or sidewalks unless approved by the development authority;

(iv) be paved with asphalt or concrete;

(v) be adequately lit to the satisfaction of the development authority;

(vi) be screened on each side adjoining or fronting a property in a residential district by a wall, fence, earth berm or hedge of not less than 1.8 metres in height, to the satisfaction of the development authority.

(vii) be clearly signed as a loading space only.



TABLE 50.1 REQUIRED LOADING SPACES

Land use Floor Area of Land Use (metres) Required Loading Spaces

Commercial uses (except Offices)

Industrial uses

Schools

< 500 m2 1

500 - 2000 m2 2

Each additional 1000 m2, or fraction thereof

1+

Assembly places

Institutional uses

Offices

Other similar developments

< 3000 m2 1

Each additional 3000 m2, or fraction thereof

1+

Apartment buildings with 30 or more dwelling units

1+

PART VII – SIGN REGULATIONS Page 113

LAND USE BYLAW 2355/LUO/08 - AMENDED BY BYLAW 2359/LUO/09

PART VII – SIGN REGULATIONS

51 DEFINITIONS RELATING TO SIGNS

The following definitions shall apply to signs in addition to other applicable definitions in the definitions section (Section 2 - Definitions) of this bylaw:

A-Frame Sign - a small self-supported sign that is set upon the ground on a site for a short period of time, which are also known as sandwich board signs.

Abandoned Sign – a sign which no longer advertises or identifies an existing business, owner, product, activity, lessee

or service, or a sign for which a legal owner cannot be found.

Address Sign– a sign displaying the municipal address of a dwelling unit, commercial or industrial tenant, or lot as per the Address Signage Bylaw, as amended from time to time.

Awning – an adjustable or temporary roof-like covering fitted over windows and doors and used for shelter, advertising or decoration.

Billboard Sign - a sign to which advertisement copy is pasted, glued, painted or otherwise fastened and provides an advertising copy area of not less than 18.5 m2 and not more than 20.0 m2, and which is permanently affixed to the ground by one or two uprights or braces.

Campaign Sign – a temporary sign used for the purpose of announcing or supporting candidates or issues in any Federal, Provincial, Municipal or school board election.

Canopy – a permanent projection extending from the outside wall of a building normally for the purpose of shielding part of the building from the sun.

Canopy Sign – a sign that is mounted, painted or otherwise attached to an awning or canopy.

Construction Sign – a temporary sign erected on a site where construction is taking place to provide guidance or warning to persons, or to identify the construction project and those parties having a role or interest in the construction.

Community Group Sign – a sign which promotes a community group that serves Stony Plain in a not-for-profit capacity, subject to the Directional, Event and Community Group Signage Policy, as amended from time to time.

Figure 51.1 Example A-Frame Sign

Figure 51.2 Example Canopy Sign



Copy Area- means the entire area within a single common continuous perimeter enclosing the extreme limits of the advertising message, announcement or decoration on the sign, and shall, for the purpose of area calculation, be square or rectangular in shape. For double sided signs, the side with the largest copy area shall be used to determine the copy area of the sign.

Directional Sign, Community- a sign designed to direct pedestrian or vehicular traffic to tourism attractions or Town owned facilities, subject to the Directional, Event and Community Group Signage Policy, as amended from time to time.

Directional Sign, Commercial - a sign designed to direct pedestrian or vehicular traffic to a commercial business, restaurant, office or retail establishment. (For directional signs that advertise real estate see Property Marketing Sign)

Electronic Message Sign - refers to any sign that uses changing lights to form a sign message or messages and where the sequence of messages and the rate of change are programmed and can be modified. This does not include digital flashing or animated signs.

Entrance Sign – means a sign which marks the entrance into a residential subdivision or business park.

Event Sign – a sign which promotes major events hosted in Stony Plain, subject to the Directional, Event and Community Group Signage Policy, as amended from time to time.

Façade – means the entire face of a building including the parapet.

Fascia Sign - a sign attached to, placed flat against, marked or inscribed on the exterior wall or surface of any building, but does not include a painted wall sign, a canopy sign or a projecting sign.

Freestanding Sign - a sign supported by one or more upright poles, columns, or braces permanently fixed in or on the ground and not attached to any buildings. This sign advertises goods and services which are sold or offered at the site on which the sign is located.

Flag Sign – a sign of fabric or other material that is attached to a pole and may be used for decorative or advertising purposes.

Home Occupation Sign – means a sign which displays a minor or major home occupation in a residential district.

Inflatable Sign - a sign displayed upon an inflatable device of any sort which is tethered to the ground or to a building and supported by buoyant gas or air pressure.

Mural - a pictorial representation designed or intended to reflect a thematic or artistic expression rather than advertising a concept.

Overhanging Sign - a sign which is attached to the bottom face of a canopy or awning, or affixed above the level of any sidewalk so as to overhang any portion of a public place.

Figure 51.3 Example Freestanding Sign



Parapet Wall - that part of an exterior, party or fire wall extending above the roof line or a wall which serves as a guard at the edge of a balcony or roof.

Portable Sign- a sign which is not permanently affixed to the ground or to a building and is generally situated on a trailer or a metal frame.

Projecting Sign - any sign, other than a fascia sign or a canopy sign, which is attached to a building and which extends beyond the line of the building or beyond the surface of that portion of the building to which it is attached.

Property Management Sign – a sign used for the purpose of identifying the property management

organization responsible for the construction, development, repair or maintenance of a commercial or residential site.

Property Marketing Sign – a temporary sign or flag erected for the purpose of marketing and providing direction to a residential subdivision or business park.

Real Estate Sign – a sign pertaining to the sale or lease of the premises or a portion of the premises on which the sign is located.

Real Estate Open House Sign – a temporary sign with a copy area of less than 0.7 m2 and a height of less than 1.0 metre which is used to advertise and direct traffic to a real estate open house event.

Roof Sign - any sign entirely erected upon a roof or above the parapet wall of a building.

Show Home Sign – a sign used for the purpose of advertising an uninhabited residential dwelling offered for sale within the subdivision or development area.

Sign - an object or device intended for the purpose of advertising or calling attention to any person, matter, thing or event.

Temporary Sign - an information sign, banner, advertising display, with or without a structural frame, intended to be displayed for a short period of time.

Third-Party Sign – any sign which advertises or otherwise identifies a service, product or activity conducted, sold or offered at a location other than the premises on which the sign is located. A third party sign does not include portable signs.

Wall Sign – a sign or image that may be painted or fastened to a wall or fence, in which the primary purpose of the sign is the promotion, identification or description of a commercial enterprise. A wall sign does not include a mural as defined in this bylaw.

Window Sign – any permanent sign either painted on or attached to a window for the purpose of being viewed from outside the premises, and does not include a home occupation sign.

Figure 51.4 Example Portable Sign



52 SIGN PERMITS

52.1 Purpose

The purpose of this section is to:

a) balance the need for signage and advertising with concerns of safety and aesthetics;

b) provide opportunities for the effective identification of businesses and buildings; and

c) regulate the proliferation of signs, to ensure the effectiveness of information and identification signs by minimizing visual clutter.

52.2 Sign Classification

All signs shall be classified as per Table 52.1.

a) Where a sign does not conform to any of the sign types defined in this bylaw, the development authority shall consider an application for such a sign on its merits.



TABLE 52.1 SIGN CLASSIFICATION

Class A* Class B Class C Class D Class E

Address Sign

Campaign Sign

Construction Sign

Directional Sign, Community

Flag Sign

Home Occupation Sign

Mural

Property Management Sign

Real Estate Sign

Real Estate Open House Sign

Show Home Sign

A-Frame Sign*

Canopy Sign

Directional Sign, Commercial

Fascia Sign

Overhanging Sign

Projecting Sign

Window Sign*

Entrance Sign

Property Marketing Sign

Any type of sign that does not fit within Sign Classes A, B, C or E

Electronic Message Sign

Freestanding Sign

Portable Sign

Roof Sign

Wall Sign

Billboard Sign

Third Party Sign

* No sign permit required subject to signs meeting the regulations of the Land Use Bylaw.



52.3 Sign Permit Required

Except as provided in Section 52.4, no sign shall be erected on land or affixed to any exterior surface of a building or structure unless a sign permit for this purpose has been issued by the development authority.

52.4 Sign Permit Not Required

No permit is required for the following signs, providing the sign complies with all other regulations of this bylaw:

a) any sign within Sign Class A, provided the sign complies with the regulations in Section 55.1- Sign Class A;

b) A-frame and window signs, provided the sign complies with the regulations in Section 55.2 – Sign Class B;

c) alterations which do not change the structural or physical dimensions of the sign;

d) signs posted in or on an operating motor vehicle if the vehicle is not temporarily or permanently parked for the purpose of displaying the sign;

e) signs displaying a yard or garage sale, provided the signs are located on the site in which the sale is to occur, and are placed not more than seven (7) days prior to the sale date and are removed at the end of the sale date;

f) temporary holiday signs and decorations provided they are removed within seven (7) days of the season or holiday they depict; and

g) signs erected on public property by the Town of Stony Plain.



52.5 Requirements For a Sign Application

An application for a permit to alter or erect a sign shall be made to the development authority and shall include the following:

a) letter of consent from the property or building owner;

b) two copies of the sign drawings with dimensions, thickness and copy area of the sign;

c) materials, finishes, colours, size of lettering and graphics;

d) method of illumination, if applicable;

e) mounting details or method of support;

f) mounting height or clearance to grade;

g) the amount of projection of the sign from the building, if any;

h) a site plan showing all other existing signs and the proposed sign location in relationship to property lines, parking areas and buildings;

i) in the case of freestanding signs, an elevation plan is required showing the height of the sign in relationship to the height of the principal building taking into account the gradient of the site; and

j) the appropriate fee as amended from time-to-time by Council Resolution.



53 ENFORCEMENT RELATING TO SIGNS

Every sign owner shall ensure that their signs are in compliance with the regulations of this bylaw.

a) When a sign that is subject to this bylaw no longer fulfils its function under the terms of a development permit, the development authority may issue an order for the removal of the sign to the sign owner or property owner, which may include:

(i) removal of the sign and all related structural components;

(ii) restoration of the immediate area around the sign to the satisfaction of the development authority, including the ground or the building to which the sign was attached; and

(iii) payment of all costs related to the removal and restoration.

b) Where an Officer believes that a sign is not authorized or in compliance with the regulations of this bylaw and the Officer has written authorization from the property owner of the parcel on which the sign is located to enter onto the property and obtain compliance, the Officer may enter the property and remove the sign without prior notice to any person.

c) Immediately following the impoundment of the sign, the Officer must provide written notice to the sign owner, when the identity of such person is ascertainable.

d) The impounding Officer may cause the sign to be destroyed or disposed of without incurring any obligation to compensate any party:

(i) within fourteen (14) days of issuing the notice if the sign owner is ascertainable; or

(ii) within fourteen (14) days of impounding the sign if the sign owner is not ascertainable.

e) Prior to the destruction of a sign, the sign owner may reclaim a sign that has been impounded, but the sign will not be returned to the owner unless and until payment for all impoundment and storage fees are made. The appropriate fees shall be set by Council Resolution, as amended from time-to-time.

f) Any order or action taken pursuant to this section shall be subject to the right of appeal to the Subdivision and Development Appeal Board.



54 GENERAL SIGN REGULATIONS


a) Only three (3) types of signs shall be allowed on a site, unless otherwise permitted by the development authority.

b) The message of any permanent sign shall relate to the use of the parcel on which the sign is located, except for billboard and third party signs.

c) All signs shall be maintained in good and safe structural condition and shall be periodically repainted.

d) A sign shall not be located within the sight line triangle if any part of the sign is between 1.0 metre and 4.0 metres above grade (Pursuant to Section 16 – Sight Line Control).

e) A sign, or sign structure, shall be set back a minimum of 0.5 metres from any property line and no part of the sign itself shall encroach onto the adjacent property, with the exception of projecting signs and canopy signs.

f) A sign shall be integrated with the building on which it is to be located and compatible with the general architectural lines and forms of the nearby buildings.

g) Signs shall not cover architectural details such as arches, sills, mouldings, cornices or windows.

h) Where, in the opinion of the development authority, a proposed sign in a commercial or industrial district might be objectionable to a resident in an adjacent residential district, the development authority may impose such other regulations as it feels would protect the interests of the residents.

i) Signs may be illuminated but shall not flash nor have flashing lights.

j) Electrical power supply to any sign or base landscaping shall be located underground.

k) A sign shall not be erected, operated, used or maintained if, in the opinion of the development authority:

(i) its position, size, shape, colour, format or illumination obstructs the view of, or may be confused with an official traffic sign, signal or device, or other official sign, or otherwise poses a potential hazard to traffic;

(ii) it displays lights which may be mistaken for the flashing lights customarily associated with danger or with those used by police, fire or other emergency vehicles.

l) Inflatable signs used for advertising or marketing purposes shall not be permitted.



54.2 Signs On Municipal Property

a) Campaign and construction signs may be located on municipal property provided they comply with the regulations specified in Section 55.1 - Sign Class A.

b) Community directional signs, community group signs, and event signs may be located on municipal property.

c) The development authority may approve placement of entrance signs and property marketing signs on public property subject to the conditions as specified in Section 55.3 – Sign Class C.

d) Signs erected by the Town of Stony Plain are permitted on public property.



55 SIGN REGULATION BY TYPE

55.1 Sign Class A

The following signs do not require a development permit, and are permitted in Land Use Districts where Sign Class A is listed as a permitted use. Sign Class A signs must also meet the following regulations.

a) Address Signs

Address signs shall conform to the Address Signage Bylaw, as amended from time to time.

b) Campaign Signs

Campaign signs for federal, provincial, municipal or school board elections provided that such signs:

(i) are placed for no more than thirty (30) days and removed within three (3) days after the election date;

(ii) are located to a maximum of two (2) signs per frontage on a private property in which the consent of the property owner or occupant shall be obtained;

(iii) are not attached to municipal trees, utility poles or other such properties;

(iv) are not placed on a road median; and

(v) indicate the name and address of the person responsible for removal.

c) Community Directional Signs

Community directional signs shall be designed to direct pedestrian or vehicular traffic to tourism attractions or Town owned facilities, subject to the Directional, Event and Community Group Signage Policy, as amended from time to time.

d) Construction Signs

Construction signs relating to an undeveloped site or a site which is being developed in accordance with a development permit, which shall:

(i) not exceed a sign copy area of 5.0 m2; and

(ii) be removed within seven (7) days following the time of development completion.

e) Flag Signs

Flag signs may be decorative or promote goods or services, and shall:

(i) not have support structures that exceed 7.0 metres in height;

(ii) not exceed 1.0 m2;

(iii) not be located on a roof of a building or structure; and



(iv) be limited to three (3) signs per frontage where the frontage is 30.0 metres or less; and

(v) limited to six (6) signs per frontage where the frontage is 30.0 metres or greater.

f) Home Occupation Signs

Home occupation signs may indicate the address, owner and the name of a home occupation within a residence, provided:

(i) the sign copy area does not exceed 0.3 m2; and,

(ii) the sign is placed outside against the wall of the dwelling or displayed from the inside of a window of the dwelling.

g) Murals

(i) Murals shall provide strictly an amenity, not an advertising purpose.

(ii) A mural may encompass up to one hundred (100) percent of the wall to which it is applied, provided that the wall to which the mural will be attached:

(A) is expected to be permanent for at least five (5) years,

(B) has an unobstructed view from the street, sidewalk, or other public space,

(C) is structurally sound and able to adequately support the mural panels.

(iii) Murals must be painted on crezone panels, or attached to the wall in such a way as to be able to be moved to another location if the wall to which the mural is attached is demolished.

h) Property Management Signs

Property management signs may be:

(i) attached to a building, provided the sign copy area is less than 1.5 m2 and the entire sign is less than 3.5 metres above grade, or

(ii) incorporated into a subdivision entrance sign, provided the sign copy area of the property management sign is less than twenty (20) percent of the total sign copy area, or

(iii) incorporated into a freestanding sign provided the sign copy area of the property management sign does not exceed thirty (30) percent of the total sign copy area, or 1.5 m2, whichever is less.

i) Real Estate Signs

Real estate signs shall:

(i) only be displayed on the property to which it pertains during the time the property is being offered for sale or rent, and



(ii) be removed within twenty-one (21) days after the sale or rental agreement has been entered into, and

(iii) be located at least 1.0 metre from the property line, and

(iv) have a copy area that does not exceed 1.0 m2 if located on a residential property; or 6.0 m2 if located on a non-residential property.

j) Real Estate Open House Signs

Real estate open house signs shall:

(i) only be displayed on the day(s) of the event being advertised, and never for longer than two days at a time, and

(ii) have a copy area that does not exceed 0.7 m2 for each face, and

(iii) be less than 1.0 metre in height, and

(iv) shall not be placed in the direct line of pedestrian traffic, nor within any part of a street, lane, access or driveway.

k) Show Home Signs

Show home signs shall:

(i) have a sign copy area that does not exceed 3.0 m2, and

(ii) have a total sign copy area that does not exceed 6.0 m2 on each site in which a show home is located.



55.2 Sign Class B

a) A-Frame Signs

(i) A-frame signs shall:

(A) have a maximum area of each sign face of 0.7 m2, and;

(B) have a maximum height of 1.0 metre, and;

(C) be placed on private property, and;

(D) be allowed on the public sidewalk where the building is not setback from the property line, provided the signs are not within the direct line of pedestrian traffic, and;

(E) be displayed for less than twelve (12) hours per day.

(ii) Only one (1) A-frame sign shall be displayed per business frontage,

b) Canopy Signs

Canopy signs shall:

(i) have a vertical clearance of 2.5 metres, measured from the extreme lower limits of the sign to the grade level, and;

(ii) not project more than 1.5 metres over the public property or come within 0.6 metres of the curb or edge of the roadway, and;

(iii) have a vertical dimension of less than 1.5 metres, and;

(iv) have a copy area that does not exceed fifty (50) percent of the canopy area which is calculated as product of the vertical and horizontal dimensions of the canopy, not including the support structure, and;

(v) be erected in such a manner that the structural support elements are designed or concealed, to appear as an integral part of the overall sign design and such that no angle iron bracing, guide wires or similar support elements are visible from a public roadway.

c) Commercial Directional Signs

Commercial directional signs shall

(i) have a sign copy area that does not exceed 1.0 m2, and;

(ii) be less than one (1.0) metre in height, and;

(iii) be located outside the sight line triangle (pursuant to Section 16 – Sight Line Control), and;

(iv) not interfere with pedestrian traffic, and;

(v) not be located in the road right of way, except at the discretion of the development authority.



d) Fascia Signs

(i) Fascia signs shall have a sign copy area that does not exceed:

(A) 1.5 metres in height and the width of the bay to which the sign is attached in a multi-occupant development, or;

(B) twenty (20) percent of the building façade for a single-occupant development, whichever is greater.

(ii) Fascia signs shall:

(A) be used for identification purposes only, and;

(B) not be permitted on or above the sill of third storey windows, offices and bays (see Figure 55.5), and;

(C) not to be used in conjunction with roof signs.

(iii) Notwithstanding Section 55.2d(ii)(B) above, a fascia sign may be located above the third storey window sill provided:

(A) the sign states no more than the name of the building or principal tenant, and;

(B) there is no more than one (1) sign per building face above the third storey.

(C) Any other location for a fascia sign shall be at the discretion of the development authority, who shall have consideration for the aesthetic quality and compatibility with adjacent developments.

(iv) Only one (1) fascia sign may be permitted for each occupant within the development, except for double fronting sites, which may have a second fascia sign for the second fronting building face.

(v) Fascia signs shall not cover windows or doors nor conceal architectural detailing of the building to which the sign is attached.

Figure 55.5 Signage Area for Fascia Signs is Illustrated in White



e) Overhanging Signs

Overhanging signs suspended under a canopy shall have a vertical clearance of 2.5 metres and shall be spaced 5.0 metres from each other.

f) Projecting Signs

(i) No part of any projecting sign shall project more than 1.5 metres over the public property or come within 0.6 metres of the curb or edge of a roadway unless otherwise determined by the development authority.

(ii) Projecting signs shall have a vertical clearance of at least 2.5 metres and shall be spaced 5.0 metres from each other.

(iii) Supports and structures for a projecting sign must not be visible, or must be in the same style and character of the building to which it is attached.

g) Window Signs

(i) A window sign shall not exceed a maximum sign copy area of twenty-five (25) percent of the window in which it is located.

(ii) Only one sign per window shall be permitted.



55.3 Sign Class C

a) Entrance Signs

(i) Entrance signs shall:

(A) have a copy area that does not exceed 5.0 m2, and;

(B) identify the name of a residential subdivision, apartment building, comprehensively planned development, mobile home court, or a business park, and;

(C) not be located within the sight line triangle, pursuant to Section 16 – Sight Line Control.

(ii) The quantity, location, design, character, dimensions, materials and finishing of all entrance signs shall be approved by the development authority.

(iii) An entrance sign may be lit, but shall not be internally illuminated.

b) Property Marketing Signs

(i) Property Marketing Signs may be permitted provided that:

(A) the copy area of property marketing signs shall not exceed 3.0 m2, and;

(B) the maximum duration of display for each property marketing sign shall be three (3) years, after which time re-application for a sign permit shall be made, and;

(C) the location and design of all property marketing signs is approved by the development authority, and;

(D) no property marketing signs advertising the same development shall be located within 800 metres of each other.

(ii) Notwithstanding the above, property marketing signs may be permitted in the form of flag signs provided that:

(A) the copy area of the flag sign shall not exceed 1.0 m2 when laid flat, and;

(B) signs advertising the same development shall be at least 200 metres apart, and;

(C) the height of the sign and any support structures shall not exceed 7.0 metres.



55.4 Sign Class D

a) Electronic Message Signs

(i) Electronic message signs may be permitted if they are integrated into a freestanding sign and provided the electronic message sign portion:

(A) is less than 1.0 metre high, and;

(B) is located 300 metres or more from another electronic message sign facing the same direction.

b) Freestanding Signs

(i) One freestanding sign per business frontage may be erected on sites having a business frontage of at least 15.0 metres.

(ii) Where a site has more than 90 metres frontage, one additional freestanding sign may be erected for each additional 90 metre frontage.

(iii) On a double fronting site, each frontage may have freestanding signs provided that the signs are no closer than 90 metres from each other.

(iv) Any support structure for a freestanding sign shall be set back a minimum of 0.3 metres from any property line and no part of the sign itself shall encroach onto or overhang an adjacent property or road right-of-way.

(v) Freestanding signs may not rotate more than six (6) revolutions per minute.

(vi) The total sign copy area of all freestanding signs on each site shall not exceed 0.3 m2 for each lineal metre of street frontage of the developed site, to a maximum of 17 m2 for each sign.

(vii) The maximum height for freestanding signs shall be 7.0 metres, except for freestanding signs on a commercial or industrial lot adjacent to Highway 16A shall be 9.1 metres.

(viii) Freestanding signs may be allowed in the C-T Central Historical Transition District, at the discretion of the development authority provided that there is no alternate sign location available to provide reasonable opportunity for communication and the maximum height does not exceed 4.0 metres.

(ix) One (1) freestanding sign shall be permitted to be erected on a parcel occupied by a place of worship, public institution or school provided the sign does not exceed 2.0 m2 in sign copy area and 2.5 metres in height.



c) Portable Signs

(i) Portable signs shall only be used to advertise the business or organization on or directly adjacent to, and no more than 30 metres from, the site where the portable sign is located, and;

(A) not more than one (1) portable sign shall be displayed on a site at a time,

(B) notwithstanding (A) above a portable sign shall be permitted for each business in a multiple occupancy development provided that no portable sign is located within 30 metres of another portable sign.

(ii) Portable signs may be located on private land along Highway 16A where the advertiser’s place of business is not on or adjacent to the site.

(iii) Portable signs shall:

(A) be double-faced

(B) not exceed a height of 2.5 metres above grade.

(C) not be placed on a site so as to conflict with parking, loading or walkway areas or required sight lines pursuant to Section 16 - Sight Line Control.

(iv) Any support structure for a portable sign shall be set back a minimum of 0.3 metres from any property line and no part of the sign itself shall encroach onto an adjacent private property, public property or road right-of-way.

(v) The development authority shall specify, in the development permit for the sign, the period of time during which a portable sign is permitted to be exhibited, but the period shall not exceed one (1) year.

(vi) Community Organizations may be issued approval for a portable sign permit for periods not exceeding six (6) months, and may be permitted to locate such signs on public property at the discretion of the development authority.

d) Roof Signs

Roof signs shall:

(i) be set back at least 1.0 metre from the edge of the building, and;

(ii) have a copy area with a maximum height of 3.0 metres or one-fifth of the height of the building, whichever is the lesser, and;

(iii) not exceed the maximum height limit of the land use district in which it is located, measured from grade to the top of the sign, and;

(iv) not be used in conjunction with fascia signs, and;



(v) be erected in such a manner that the structural support elements are not visible from a public roadway, and;

(vi) only be allowed after, due consideration has been taken for appearance and safety to the satisfaction of the development authority,

e) Wall Signs

(i) A wall sign may be permitted to be painted or fastened on any wall, fence or surface of any structure, and may encompass up to twenty-five (25) percent of the surface to which it is applied, subject to the discretion of the development authority.

(ii) Wall signs shall not:

(A) be allowed to become faded, chipped or peeled;

(B) interfere with the Town’s image as presented in authorized historic Murals;

(C) interfere with the amenities of the neighbourhood; or

(D) affect the use, enjoyment or value of neighbouring properties.

(iii) A wall sign which faces an adjacent residential development shall not be illuminated.

(iv) If a business to which the wall sign relates to ceases to be located in the building or on the site in which the sign is painted or attached, the sign shall be removed and the wall refinished to be consistent with the rest of the structure.

55.5 Sign Class E

a) Billboard Signs

(i) Billboard signs are not permitted except along Highway 16A between the east and west municipal boundaries of the Town of Stony Plain.

(ii) The maximum sign copy area of a billboard sign shall be 20 m2.

(iii) The maximum height of a billboard sign shall be 10 metres above grade.

(iv) No part of any billboard sign shall project beyond the property boundary of the parcel upon which it is located.

(v) The minimum distance between billboard signs facing the same traffic direction shall be 500 metres.

(vi) Billboard signs shall be removed from a site once subdivision and permanent development of the site occurs.



b) Third Party Signs

(i) The maximum sign copy area of a third party sign face shall be at the discretion of the development authority, but shall not exceed 4.0 m2.

(ii) Third party signs on the same street and facing the same direction of traffic flow shall be placed at least 100 metres apart. Double faced signs shall be considered to face both directions of traffic flow.

(iii) The design, materials and character of the sign shall be at the discretion of the development authority. When the back of a Third Party sign is visible, it shall be suitably painted or otherwise covered to present a neat and clean appearance.

(iv) The development authority shall specify, in the development permit for the sign, the period of time during which a Third Party sign is permitted to be exhibited, but the period shall not exceed three (3) years.

PART VIII – OVERLAYS Page 134


PART VIII – OVERLAYS

56 CENTRAL BUSINESS DISTRICT PARKING OVERLAY

56.1 Purpose

The Central Business District Parking Overlay is designed to enhance the pedestrian-oriented environment of the Town’s central business district through:

a) reducing on-site parking requirements; and

b) providing an option for payment-in-lieu of on-site parking for the Town to develop alternative parking opportunities.

56.2 Application

a) The regulations of this section apply to new developments on sites located within the area identified on the Land Use Districts Map and on Figure 56.1 Central Business District Parking Overlay.

Figure 56.1: Central Business District Parking Overlay



b) These regulations are to be satisfied as a condition of a development permit for any redevelopment, new development or due to a change in use.

c) Notwithstanding the above, the regulations of the Central Business District Parking Overlay shall not apply in the case of:

(i) residential dwellings;

(ii) barrier free parking requirements;

(iii) hotels and/or motels; and

(iv) loading areas

which shall be provided in the amount cited in Part VI – Vehicle Access, Parking and Loading Regulations.

56.3 Regulations

a) The parking stall requirements for a development within the Central Business District Parking Overlay shall be calculated by multiplying the number of stalls required in Section 47 – Off-Street Parking Requirements by a factor of 0.66. Where a fractional number of parking spaces are required, the next highest number of stalls shall be provided.

b) Council may, at its discretion, waive all or part of the parking requirements for a development in the Central Business District Parking Overlay area in exchange for payment-in-lieu of these spaces.

(i) The amount and terms of payment to the Town of Stony Plain shall be based upon a Resolution of Council, or may be established specifically for each development under an agreement between the Town and the applicant, otherwise;

(ii) The payment-in-lieu shall be calculated by determining the cost of the land for the waived parking stalls plus the cost of developing the parking stalls.

c) Landscaping requirements for parking areas, as specified in Section 49 – Development Requirements for Parking Areas, shall be applicable for developments within the area of the Central Business District Parking Overlay.



57 FLOOD RISK AND FLOOD FRINGE AREA OVERLAY

57.1 Purpose

The Flood Risk and Flood Fringe Overlay is designed to protect and enhance the Town’s stream courses and drainage channels, as well as regulate new development in these sensitive areas.

a) The stream courses along with Atim Creek, which discharge into the Big Lake Basin, provide a drainage function for the Town and upstream areas.

b) The flood risk areas along Atim Creek and the stream courses need to be protected to preserve storage capacity and to prevent increasing downstream flows.

c) Atim Creek and the stream courses also represent a natural amenity feature within the Town which serve to integrate major open space and park facilities.

d) New development within the Flood Fringe Area is designed to mitigate the impacts of a 1:100 year flood event.

57.2 Application

a) The provisions of this section shall apply to all sites, any part of which may be included within the approximate physical limits defined by the Flood Risk Area and Flood Fringe Area. The Flood Risk Area is shown on the Land Use District Map and in Figure 57.2. The Flood Fringe Area is the area adjacent to the flood risk area the boundary of which is defined by the elevation of a 1:100 year flood plus a factor of safety of 0.5 metres (see Figure 57.1).

Figure 57.1 Cross Section of Flood Risk and Flood Fringe Areas



Figure 57.2 Flood Risk Area



b) Notwithstanding the above, mapping of the Flood Risk and Flood Fringe Area Overlay should only be considered an estimate of the boundaries. Local surveys shall be required to determine the appropriate drainage course and the 1:100 year flood risk area elevations for specific development applications.

c) The development authority may refer to Alberta Environment for comment any development permit application for development within the Flood Risk and Flood Fringe Area Overlay.

57.3 Development Regulations in the Flood Risk Area

Permitted Uses

Extensive Agriculture Parks

Discretionary Uses

Golf Courses Perpendicular Road Crossings Existing buildings

a) Land within the Flood Risk Area, subject to the discretion of the development authority, may be upgraded in a developing area to provide for:

(i) a deeper channel that ensures adequate storage capacity;

(ii) a drainage outlet with mitigation to achieve no net loss of flood storage to prevent flooding of the development and the Town; and

(iii) reclamation and naturalization of the drainage channel to re-establish riparian areas.

b) No new buildings or other new structures shall be allowed in the Flood Risk Area.

c) Inside or outdoor storage of chemicals, explosives, flammable liquids, toxic or other waste materials shall not be permitted within the Flood risk area.

d) The identified Flood risk area shall be encouraged to be protected as Environmental Reserve.

57.4 Development Regulations in the Flood Fringe

a) The permitted and discretionary uses within the Flood Fringe Overlay shall be according to the permitted and discretionary uses within the underlying district.

b) All windows and openings in new buildings within the Flood Fringe Area shall be located a minimum of 0.5 metres in elevation above the 1:100 year flood level.

c) Basements shall be discouraged in new buildings within the Flood Fringe Area unless they are flood protected to the satisfaction of the development authority.



57.5 Removal of Land from the Flood Risk and Flood Fringe Area Overlay

Notwithstanding the above, the feasibility of permitting development and removing any land from the Flood Risk Area or the Flood Fringe Area shall be determined through a comprehensive Planning and Geotechnical Report, which shall address:

a) the location of all proposed permanent structures on the site and the proximity of these structures to the Flood Risk Area;

b) proposed site alterations necessary to elevate all permanent buildings from the Flood Risk Area;

c) proposed types of fill materials that are appropriate;

d) the types of foundations, weeping tile and drainage that is required for all permanent structures;

e) any erosion protection that may be required;

f) the impact that the site alterations will have on the overall flood risk area and the drainage course; and

g) ongoing mitigative measures to ensure the Flood Risk Area is not adversely affected by development.



58 HIGHWAY 16A CORRIDOR OVERLAY

58.1 Purpose

The purpose of this overlay is to create a positive image and enhance the aesthetics of the Highway 16A Corridor through Stony Plain.

58.2 Application

a) The overlay regulations apply to the development or redevelopment of all lands and buildings which front onto or are highly visible from Highway 16A as shown on the Land Use Districts Map and Figure 58.1.

b) These regulations are to be satisfied through conditions of a development permit, except for a change in use, site grading or property maintenance.

c) Where the provisions of the overlay conflict with other regulations of this Land Use Bylaw, the provisions of the overlay shall take precedence.

58.3 Development Regulations

a) Other Permits Required

Applicants shall be responsible for obtaining any permits required by the Provincial Highway Authority.

b) Setback Requirements

No building or structure shall be erected within 15.0 metres of a highway right-of-way.

Figure 58.1 Highway 16A Corridor Overlay



c) Parking and Access

(i) Where a property is adjacent to a highway, access shall be obtained by the provision of a municipal service road, to the satisfaction of the development authority and the Provincial Highway Authority.

(ii) Access onto a municipal road shall be according to Section 46 – Location and Number of Driveway Crossings and to the satisfaction of the development authority.

d) Landscaping and Fencing

(i) A 6.0 metre landscaped strip shall be provided adjacent to a highway right-of-way. Landscaping shall primarily be sod, but shall also include a combination of coniferous trees, shrubs and other landscaping features to the satisfaction of the development authority.

(ii) A physical barrier shall be provided to prevent direct vehicular access from a site to the highway. This barrier shall be attractive in design and may include a combination of:

(A) fencing that is compatible with the character of the building on the site;

(B) gradient changes, such as berming or retaining walls;

(C) guard rails; and

(D) landscaping.

(iii) All applications for non-residential permits within the overlay area shall be accompanied by a landscaping plan.

e) Signage

(i) A development permit is required for all signs within the Highway 16A Corridor Overlay area.

(ii) Freestanding signs shall integrate design elements and finish materials that match the buildings on the site. The maximum permitted height of a freestanding sign shall be 9.1 metres.

(iii) Billboard signs shall be removed from a site once subdivision and permanent development of the site occurs.

f) Design and Character

(i) The building and landscaping shall be the most prominent feature on a site.

(ii) High quality building finishing materials should be employed. Building facades should be designed to complement the Town’s image and identity.



(iii) The front, sides and rear of buildings should include similar design elements and finishing materials. Where a building does not face Highway 16A, the exterior or rear or side of the building facing the highway should present a visually attractive appearance through the use of design elements, wall textures, colours, landscaping and signage.

(iv) Existing natural features should be protected to the satisfaction of the development authority.

(v) All waste collection areas should not be visible from the highway, or must be screened. Screening may occur through a combination of berming, landscaping and fencing to the satisfaction of the development authority.

PART IX – LAND USE DISTRICTS Page 143


PART IX – LAND USE DISTRICTS Page 144


PART IX - LAND USE DISTRICTS

a) The Town of Stony Plain is divided into land use districts and the boundaries of each and every district are delineated on the Land Use Districts Map, which forms part of this bylaw.

b) Where uncertainty arises as to the precise location of the boundary of any district as shown on the Land Use Districts Map, the following rules shall apply:

c) Where district boundaries are shown to approximate the following, they shall be deemed to be:

(i) the parcel boundaries; or

(ii) the municipal boundaries; or

(iii) the center lines of railway right-of-ways; or

(iv) the center lines of road right-of-ways.

d) District boundaries not referenced specifically to items indicated in (a) shall be determined on the basis of the scale of the map.

e) Where land use districts have been established in accordance with a proposed subdivision of land, the districts shall be understood to conform to the certificate of title or the plan of survey when registered in a Land Titles Office. Prior to the registration, the district boundary shall be determined on the basis of the scale of the map.

f) The district regulations of this bylaw do not apply to roads, lanes, other public thoroughfares or public utilities.

PART IX – LAND USE DISTRICTS R-1A Page 145


59 R-1A DETACHED RESIDENTIAL DISTRICT

59.1 Purpose

The purpose of this district is to provide for residential development in the form of detached dwellings.

59.2 Permitted Uses

Accessory buildings (Section 31)

Detached dwellings Group home, limited

(Section 35) Home occupations, minor

(Section 34) Hot tub (Section 32) Parks Public utilities (Section 20) Show homes (Section 37) Sign Class A (Section 55.1) Sign Class C (Section 55.3)

Discretionary Uses

Bed and breakfasts (Section 36) Family day homes (Section 35) Group homes (Section 35) Home occupations, major

(Section 34) Modular homes Private swimming pools (Section 32) Secondary suites (Section 33)

59.3 Subdivision Regulations

a) Lot Depth

A minimum depth of 33.0 metres.

b) Lot Width

The minimum lot width shall be 15.0 metres for internal lots and 17.0 metres for corner lots.

c) Density

The maximum density shall be one (1) principal dwelling and one (1) secondary suite per residential lot.


In addition to the general land use provisions in Part IV – General Site Regulations, the following provisions shall apply to every development within this district.

a) Lot Coverage

Coverage of all buildings shall not exceed a maximum of forty (40) percent of the total site area.

b) Front Yard

(i) A minimum depth of 5.0 metres to the principal building, and;

(ii) A minimum depth of 6.0 metres to any garage where the garage door faces the street.

PART IX – LAND USE DISTRICTS R-1A Page 146


c) Rear Yard

The minimum rear yard setback from the principal building shall be 8.0 metres, except where there is a rear attached garage that faces a rear lane, then the rear yard shall be no less than 6.0 metres.

d) Side Yard

The minimum side yard setback from the principal building shall be 1.5 metres, except:

(i) in the case of a laneless site, without a front attached, integral or recessed garage, one unobstructed side yard shall be a minimum of 3.2 metres.

(ii) in the case of a corner site, the side yard that abuts the street shall be at least 3.0 metres, and there shall be a minimum depth of 6.0 metres between any garage that faces the street and the property line.

e) Building Height

A maximum height of 10.0 metres.

f) Parking and Access

Shall be provided in accordance with Part VI – Vehicle Access Parking and Loading.

g) Landscaping

The minimum landscaped area shall include the boulevard and thirty (30) percent of the site.

h) Building Design and Character

Design techniques shall be employed in order to minimize the massing of the buildings when viewed from adjacent areas which may include, but is not limited to the use of:

(i) variations of housing designs, which may include bi-level or split-level designs between bungalow and two storey designs;

(ii) sloped roofs;

(iii) variations in building setbacks and height;

(iv) articulation of building façades, and;

(v) varied finishing materials and colors.

PART IX – LAND USE DISTRICTS R-1B Page 147


60 R-1B DETACHED RESIDENTIAL DISTRICT

60.1 Purpose

The purpose of this district is to retain detached housing, while allowing for a slightly higher density.

60.2 Permitted Uses


Detached dwellings Group homes, limited

(Section 35) Home occupations, minor


Discretionary Uses




a) Lot Depth


b) Lot Width


c) Density




a) Lot Coverage


b) Front Yard



PART IX – LAND USE DISTRICTS R-1B Page 148


c) Rear Yard


d) Side Yard

The minimum side yard setback from the principal building shall be 1.2 metres, except:

(i) where the lot width is equal to or greater than 15.0 metres, a 1.5 metre side yard is required.

(ii) in the case of a laneless site without a front attached, recessed or integral garage, one unobstructed side yard shall be a minimum of 3.2 metres..

(iii) in the case of a corner site, the side yard that abuts the street shall be at least 3.0 metres, and there shall be a minimum depth of 6.0 metres between any garage that faces the street and the property line.

e) Building Height



Shall be provided in accordance with Part VI – Vehicle Access, Parking and Loading.

g) Landscaping





(ii) sloped roofs;




PART IX – LAND USE DISTRICTS R-1C Page 149


61 R-1C DETACHED NARROW LOT RESIDENTIAL DISTRICT

61.1 Purpose

The purpose of this district is to provide for detached dwellings on narrower lots in a residential environment similar to that of other low density residential districts allowing for a slightly higher density.

61.2 Permitted Uses


Detached dwellings Home occupation, minor


Discretionary Uses

Family day homes (Section 35) Group homes, limited (Section 35) Home occupations, major



a) Lot Depth


b) Lot Width


c) Density




a) Lot Coverage

Coverage of all buildings shall not exceed forty-five (45) percent of the total site area.

b) Front Yard





c) Rear Yard

The minimum rear yard setback for the principal building shall be 8.0 metres.

d) Side Yard

Side yards shall be a minimum of 1.2 metres, except in the case of the street side of a corner lot, the side yard abutting the street shall be a minimum depth of 2.5 metres.

e) Building Height



A front attached, recessed or integral garage shall be provided for each dwelling unit in accordance with Part VI – Vehicle Access, Parking and Loading.

g) Landscaping

The minimum landscaped area shall include the boulevard and twenty-five (25) percent of the site.



(i) sloped roofs;

(ii) variations in building setbacks and height;

(iii) articulation of building façades;

(iv) varied finishing materials and colors; and

(v) the injection of bi-level or split-level designs between bungalow and two storey designs.

PART IX – LAND USE DISTRICTS R-1D Page 151


62 R-1D DETACHED SMALL LOT RESIDENTIAL DISTRICT

62.1 Purpose

The purpose of this district is to provide for high-quality detached housing serviced by lanes on a narrow lot in small and comprehensively planned development cells. Parking areas, or private garages if provided, are located in the rear of the lot and accessed from the lane.

62.2 Permitted Uses


Detached dwellings Home Occupation, minor


Discretionary Uses

Family day homes (Section 35) Group homes, limited (Section 35) Modular homes Home occupations, major

(Section 34)


a) Lot Depth


b) Lot Width


c) Density

The maximum density shall be one (1) dwelling unit per residential lot.

d) Rear Lane

Each lot shall be accessed via a rear lane.



a) Lot Coverage


b) Front Yard

The minimum depth shall be 4.0 metres.

PART IX – LAND USE DISTRICTS R-1D Page 152


c) Rear Yard


d) Side Yard

Side yards shall be a minimum of 1.2 metres, except in the case of the street side of a corner site, the side yard abutting the street shall be a minimum depth of 2.4 metres.

e) Building Height


f) Landscaping

The minimum landscaped area shall include the boulevard and twenty-five (25) percent of the site.

g) Parking and Access

(i) A garage or parking pad shall be provided in the rear yard of each lot.

(ii) Where a garage is not provided at the time of the development permit application, a parking pad shall be provided and located so the pad will accommodate a garage that meets the parking requirements of Part VI – Vehicle Access, Parking and Loading of this bylaw.

(iii) Garages and parking shall only be permitted in the rear yard.


Design techniques including, but not limited to the use of:


(ii) sloped roofs;



(v) varied finishing materials and colours.

PART IX – LAND USE DISTRICTS R-1E Page 153


63 R-1E ESTATE RESIDENTIAL DISTRICT

63.1 Purpose

The purpose of this district is to provide for detached dwellings on large lots.

63.2 Permitted Uses


Detached dwellings Home occupations, minor


Discretionary Uses


(Section 34) Private swimming pools (Section 32) Secondary suites (Section 33)


a) Lot Depth


b) Lot Width


c) Lot Area

A minimum of 850 m2 (0.2 acres) and a maximum of 0.2 hectares (0.5 acres).

d) Density




a) Lot Coverage


b) Front Yard


c) Rear Yard

The minimum rear yard setback shall be 8.0 metres.

PART IX – LAND USE DISTRICTS R-1E Page 154


d) Side Yard

The minimum side yard shall be 2.0 metres, except in the case of the street side of a corner lot, the side yard abutting the street shall be a minimum depth of 4.5 metres.

e) Building Height



Parking shall be provided in accordance with Part VI - Vehicle Access, Parking and Loading.

PART IX – LAND USE DISTRICTS R-1R Page 155


64 R-1R RURAL RESIDENTIAL DISTRICT

64.1 Purpose

The purpose of this district is to provide for a limited number of residential sites in a low density, country residential environment. Individual lots are not typically serviced by urban water or sanitary systems. The maximum number of Rural Residential lots normally permitted within one quarter section is two, unless otherwise provided for within an approved Area Structure Plan.

64.2 Permitted Uses

Accessory buildings (Section 31) Animal and Bird Units (Section 38) Detached dwellings Home occupations, minor


Discretionary Uses


(Section 34) Kennels (Section 43) Modular Homes Swimming pools (Section 32) Secondary suites (Section 33)


a) Lot Area

(i) A minimum of 0.8 hectares (2 acres), except a minimum of 0.2 ha (0.5 acres) may be permitted if connected to Town sanitary and water services.

(ii) A maximum of 8.0 hectares (20 acres).

b) Lot Density




a) Lot Coverage


b) Front Yard

A minimum depth of 7.5 metres from the front property line.

PART IX – LAND USE DISTRICTS R-1R Page 156


c) Rear Yard

A minimum depth of 8.0 metres from the rear property line.

d) Side Yard

The minimum side yard shall be 2.0 metres, except in the case of the street side of a corner lot, the side yard abutting the street shall be a minimum depth of 4.5 metres.

e) Building Height

The maximum building height shall be 10.0 metres.


Parking shall be provided in accordance with Part VI – Vehicle Access, Parking and Loading.

PART IX – LAND USE DISTRICTS R-2 Page 157


65 R-2 TWO-DWELLING RESIDENTIAL DISTRICT

65.1 Purpose

The purpose of this district is to provide for low density residential development in the form of duplexes and detached dwellings.

65.2 Permitted Uses

Accessory buildings (Section 31) Detached dwellings Duplexes Duplexes, side-by-side Home occupations, minor


Discretionary Uses

Family day homes (Section 35) Group homes, limited (Section 35) Home occupations, major

(Section 34) Private swimming pools (Section 32) Secondary suites in detached and side-by-

side duplex dwellings (Section 33)


a) Lot Depth


b) Lot Width

The minimum lot width shall be:

(i) duplexes – 12.0 metres on internal lots and 13.7 metres on corner lots.

(ii) side-by-side duplex dwellings – 9.0 metres on internal lots and 10.5 metres on corner lots.

(iii) detached dwellings – 12.0 metres on internal lots and 13.7 metres on corner lots.

c) Density

The maximum density shall be:

(i) one (1) dwelling unit and one (1) secondary suite per residential lot for each detached and side-by-side duplex dwelling.

(ii) two (2) dwelling units per residential lot for each duplex.





a) Lot Coverage

A maximum of forty (40) percent.

b) Front Yard



c) Rear Yard


d) Side Yard

The minimum side yard shall be 1.5 metres, except:

(i) in the case of a laneless site without a front attached, integral or recessed garage, one unobstructed side yard shall be a minimum of 3.2 metres.

(ii) in the case of corner site, the side yard that abuts the street shall be no less than 3.0 metres, and there shall be no less than 6.0 metres between any garage that faces the street and the property line.

e) Building Height



Where an attached, recessed, integral or detached garage is not provided at the time of the development permit application, a concrete parking pad shall be provided and located so the pad will accommodate a garage that meets the requirements of Part VI – Vehicle Access, Parking and Loading this bylaw.

g) Private Outdoor Amenity Space

A deck or balcony attached to a side-by-side duplex dwelling within 1.2 metres of a property line in which a party wall is located, must have a privacy wall that extends the full length of the deck or balcony.






(ii) sloped roofs;






66 R-2C COMPREHENSIVE MEDIUM DENSITY RESIDENTIAL DISTRICT

66.1 Purpose

The purpose of this district is to provide for medium density multi-unit housing typically in a row house or fourplex style. Developments in this district are comprehensively planned according to an approved project site plan normally under one development permit.

66.2 Permitted Uses

Accessory buildings (Section 31) Duplexes (Section 28) Duplexes, side-by-side

(Section 28) Fourplexes (Section 28) Home occupations, minor

(Section 34) Hot tub (Section 32) Parks Public utilities (Section 20) Row houses (Section 28) Semi-detached dwellings

(Section 28) Show homes (Section 37) Sign Class A (Section 55.1) Sign Class C (Section 55.3) Stacked row houses (Section 28)

Discretionary Uses

Detached dwellings Family day homes (Section 35) Home occupations, major

(Section 34) Swimming pools (Section 32) Recycling drop-off centres


a) Site Area

The maximum site area shall be 2.0 hectares (5 acres).

b) Density

The maximum density shall be thirty-six (36) dwelling units per hectare.



a) Site Coverage




b) Front Yard

(i) For a building which fronts onto a public roadway, a minimum depth of 6.0 metres.

(ii) For internal buildings a minimum depth of 3.0 metres measured from the internal curb or sidewalk, except that there shall be a minimum depth of 6.0 metres between a garage door or carport access and the internal roadway.

c) Rear Yard

For the site, or any building within the site there shall be a minimum rear yard depth of 7.6 metres to any rear property line.

d) Side Yard

For the site, or any building within the site where the side yard abuts a public roadway, there shall be

(i) A minimum depth of 1.5 metres for an interior side yard, and;

(ii) A minimum depth of 3.0 metres for a side yard abutting a public roadway.

e) Separation Space Between Buildings in a Dwelling Group

(i) For front and rear elevations, a minimum of 15.2 metres between buildings.

(ii) For side elevations, a minimum of 3.0 metres between buildings.

f) Separation Space Between Buildings and Internal Roadways or Sidewalks

Shall not be less than 2.0 metres to the nearest wall of any building at any point, unless a greater separation is specified elsewhere in this section.

g) Building Height


h) Emergency Access to Buildings

Notwithstanding the regulations for required yards or separation spaces, emergency access shall be provided in accordance with Section 22 – Emergency Access to Buildings.

i) Parking and Access

The design and location of parking areas shall meet the parking requirements of Part VI – Vehicle Access, Parking and Loading of this bylaw and shall be satisfactory to the development authority.



j) Landscaping

The minimum landscaped area shall include the boulevard and thirty-five (35) percent of the site, as part of an approved landscaping plan in accordance with Section 26 - Landscaping.

k) Private Amenity Space

Each dwelling unit shall be provided with private outdoor amenity space in accordance with Section 27 – Amenity Space.

(i) Patios or courtyards shall be a minimum of 9.0 m2 for each dwelling unit.

(ii) Decks or balconies shall be a minimum of 4.5 m2 for each dwelling unit.

(iii) A deck or balcony attached to a side-by-side duplex, row house, stacked row house or fourplex dwelling within 1.2 metres of a property line in which a party wall is located, must have a privacy wall that extends the full depth of the deck or balcony.

l) Communal Amenity Space

Indoor or outdoor amenity space shall be provided for multi-dwelling developments with ten (10) or more dwelling units in accordance with Section 27 – Amenity Space.

PART IX – LAND USE DISTRICTS R-2S Page 163


67 R-2S STREET-ORIENTED MEDIUM DENSITY RESIDENTIAL DISTRICT

67.1 Purpose

The purpose of this district is to provide small development cells with a mixture of dwelling units typically at higher density than other districts, and permits multi-unit dwellings in a row house style. The developments in this district are oriented towards and have direct access to a public roadway, and are registered on a separate title.

67.2 Permitted Uses

Accessory buildings (Section 31) Duplexes Duplexes, side-by-side Home occupations, minor

(Section 34) Hot tub (Section 32) Parks Public utilities (Section 20) Row houses Show homes (Section 37) Sign Class A (Section 55.1) Sign Class C (Section 55.3)

Discretionary Uses

Family day homes (Section 35) Home occupations, major

(Section 34) Swimming pools (Section 32)


a) Lot Depth


b) Lot Width

The minimum lot width shall be:

(i) duplexes – 12.0 metres on internal lots and 13.7 metres on corner lots.

(ii) row houses – 6.1 metres on interior lots, 7.6 metres on end lots, and 9.1 metres on corner lots.

(iii) side-by-side duplexes – 8.0 metres on internal lots and 9.5 metres on corner lots.

c) Density

The maximum density shall be:

(i) one (1) dwelling unit per lot for each side-by-side duplex dwelling and row house.

(ii) two (2) dwelling units per lot for each duplex.

d) Attached Dwelling Units

Not more than four dwelling units may be attached in a street-oriented row house building.





a) Site Coverage

Coverage of all buildings shall not exceed forty (40) percent of the total site area.

b) Front Yard


c) Rear Yard


d) Side Yard

The minimum side yard setback shall be 1.5 metres from the principal building, except:

(i) a minimum of 3.0 metres in the case of the street side of a corner site, and;

(ii) a minimum depth of 6.0 metres from any garage that faces the street to the property line.

e) Building Height



Where an attached, integral or detached garage is not provided at the time of the development permit application, a concrete parking pad shall be provided and located so the pad will accommodate a garage that meets the requirements of Part VI – Vehicle Access, Parking and Loading this bylaw.

g) Landscaping


h) Private Outdoor Amenity Space

A deck or balcony attached to a side-by-side duplex or row house dwelling within 1.2 metres of a property line in which a party wall is located, must have a privacy wall that extends the full depth of the deck or balcony.



i) Building Design and Character

Design techniques shall be employed in order to minimize the massing of the buildings when viewed from adjacent residential areas and roadways including, but not limited to the use of:

(i) sloped roofs;

(ii) variations in building setbacks;

(iii) articulation of building façades; and,

(iv) varied finishing materials and colors.



68 R-3 HIGH DENSITY LOW RISE RESIDENTIAL DISTRICT

68.1 Purpose

The purpose of this district is to provide medium to high density housing forms with a maximum height of four storeys. This district will normally be located along arterial and collector roads, as well as encouraged in redevelopment areas. Limited commercial development is permitted on the first floor of apartment buildings as an accessory use.

68.2 Permitted Uses


Apartment buildings Fourplexes Home occupations, minor

(Section 34) Hot tub (Section 32) Parks Public utilities (Section 20) Show homes (Section 37) Sign Class A (Section 55.1) Sign Class C (Section 55.3) Stacked row houses

Discretionary Uses

Adult care residences Recycling drop-off centres Personal services, convenience retail, day

cares and similar uses as an integral and secondary component of a residential development

Sign Class B in conjunction with accessory commercial uses (Section 55.2)

Swimming Pools (Section 32)


a) Density

The maximum density shall be eighty (80) dwelling units per hectare; except:

(i) One (1) additional dwelling unit for every two (2) parking stalls provided underground; and

(ii) in no case shall the density exceed one hundred and twenty-five (125) dwelling units per hectare.

b) Lot Area

(i) The minimum lot area shall be 800 m2 (0.2 acres).

(ii) The maximum lot area shall be 1.6 hectares (4.0 acres).



a) Site Coverage




b) Front Yard

(i) A minimum depth of 6.0 metres for one or two storey developments.

(ii) A minimum depth of 7.0 metres for three and four storey developments.

c) Rear Yard

A minimum depth of 7.6 metres from the rear of a building to a property line.

d) Side Yard

(i) A minimum side yard of 1.2 metres for a one story development, 2.0 metres for a two storey development and one (1.0) additional metre for each storey or partial storey above two storeys.

(ii) A side yard shall not be less than 4.5 metres where the development abuts a street.

e) Emergency Access to Buildings

Notwithstanding the regulations for required yards, emergency access shall be provided in accordance with Section 22 – Emergency Access to Buildings.

f) Building Height

The maximum height of buildings shall not exceed 14.0 metres or four (4) storeys.


Parking facilities in this district shall be provided to the rear, side or beneath the development in accordance with Part VI – Vehicle Access, Parking and Loading of this bylaw and to the satisfaction of the development authority.


(i) Private amenity space shall be provided in accordance with Section 27 – Amenity Space.

(ii) A deck or balcony attached to a stacked row house dwelling within 1.2 metres of a property line in which a party wall is located, must have a privacy wall that extends the full depth of the deck or balcony.

i) Communal Amenity Space

A combination of indoor and outdoor communal amenity space shall be provided in accordance with Section 27 – Amenity Space for developments with twenty (20) or more dwelling units.

j) Landscaping

The minimum landscaped area shall be the boulevard and thirty-five (35) percent of the site, as per an approved landscaping plan in accordance with Section 26 - Landscaping.



k) Discretionary Commercial Use Regulations

(i) Commercial uses may be allowed to be located where the site fronts onto a collector street or another street of higher classification.

(ii) Commercial uses shall be completely contained within the building and shall be limited to the first storey.

(iii) Commercial uses shall have a separate outside entry and internal hallways from that of the residential component of the building.

(iv) The floor area devoted to commercial uses shall not exceed ten (10) percent of the gross floor area of the building.



69 R-4 HIGH DENSITY MEDIUM RISE RESIDENTIAL DISTRICT

69.1 Purpose

The purpose of this district is to provide high density housing forms with a maximum height of six storeys, with underground parking facilities. This district will be located along arterial and collector roads that are capable of carrying larger volumes of traffic. Limited commercial development is permitted on the first floor of apartment buildings as an accessory use.

69.2 Permitted Uses


Apartment buildings Home occupations, minor


Discretionary Uses

Recycling drop-off centres Personal services, convenience retail, day

cares, offices and similar uses as an integral and secondary component of a residential development

Sign Class B in conjunction with accessory commercial uses (Section 55.2)

Swimming pools (Section 32)


a) Density

The maximum density shall be 175 dwelling units per hectare.

b) Lot Area

(i) The minimum lot area shall be 1400 m2 (0.35 acres).

(ii) The maximum lot area shall be 1.6 hectares (4.0 acres).



a) Site Coverage


b) Front Yard

(i) A minimum depth of 6.0 metres from the front of a building to a property line for a one or two storey development.

(ii) A minimum depth of 7.0 metres from the front of a building to a property line for developments three storeys and greater.



c) Rear Yard


d) Side Yard

(i) A minimum side yard of 1.2 metres for a one story development, 2.0 metres for a two storey development and one (1.0) additional metre for each storey or partial storey above two storeys, up to a maximum of 4.5 metres.




f) Building Height

The maximum height of buildings shall not exceed 23.0 metres or six (6) storeys.


(i) Parking facilities in this district shall be provided to the rear, side or beneath the development in accordance with Part VI – Vehicle Access, Parking and Loading of this bylaw, and to the satisfaction of the development authority.

(ii) No rear or side yard is required for underground parking facilities that are structurally integrated into to the principal building.


Private amenity space shall be provided in accordance with Section 27 – Amenity Space.


A combination of indoor and outdoor communal amenity space shall be provided in accordance with Section 27 – Amenity Space for developments with twenty (20) or more dwelling units.

j) Landscaping

(i) The minimum landscaped area shall be the boulevard and thirty-five (35) percent of the site, as per an approved landscaping plan.

(ii) The minimum landscaped area between the building and a common property line shared with a detached residential lot shall be 7.6 metres.



k) Discretionary Commercial Use Regulations

(i) Commercial uses may be allowed to be located where the site fronts onto a collector street or another street of higher classification.



(iv) The floor area devoted to commercial uses shall not exceed ten (10) percent of the gross floor area of the building.

Part IX – LAND USE DISTRICTS R-MH Page 172


70 R-MH RESIDENTIAL MANUFACTURED HOME DISTRICT

70.1 Purpose

The purpose of this district is to provide for residential development in the form of manufactured home courts and manufactured home subdivisions.

70.2 Permitted Uses


Group homes, limited (Section 35)

Home occupations, minor (Section 34)

Hot tub (Section 32) Manufactured homes Modular homes Parks Public utilities (Section 20) Show homes (Section 37) Sign class A (Section 55.1) Sign class C (Section 55.3)

Discretionary Uses

Commercial uses as approved by the development authority

Child care facilities (Section 35) Group home (Section 35) Home occupations, major

(Section 34) Recycling drop-off centres Sign Class B in conjunction with approved

commercial uses (Section 55.2) Swimming pools (Section 32) One detached dwelling per manufactured

home court


a) Lot Width

The minimum width shall be 12.0 metres for internal lots and 13.7 metres for corner lots.

b) Lot Depth




a) Site Coverage


b) Minimum Floor Area

The minimum floor area for each unit shall be 76 m2 (818 ft2).

c) Front Yard

A minimum depth of 7.0 metres from the curb.

d) Rear Yard


Part IX – LAND USE DISTRICTS R-MH Page 173


e) Side Yard

(i) The minimum side yard shall be 1.5 metres, except one side yard shall be a minimum of at least 3.2 metres for vehicular access to the rear of the property.

(ii) Where the side yard abuts a roadway other than a lane, the side yard shall not be less than 4.5 metres.

f) Building Height



(i) Parking shall be provided in accordance with Part VI – Vehicle Access, Parking and Loading of this bylaw and to the satisfaction of the development authority.

(ii) Visitor parking shall be dispersed throughout a manufactured home court and conveniently located.

h) Landscaping

(i) Manufactured home courts - All areas not required for parking or buildings shall be landscaped according to an approved landscaping plan.

(ii) Manufactured home subdivisions – The minimum landscaped area shall include the boulevard and twenty (20) percent of the site.

i) Foundation and Skirting

(i) The foundation shall be of a permanent nature, shall not exceed 0.6 metre in height from the finished grade, and shall be securely attached to the home.

(ii) Each mobile home must be placed upon a foundation of concrete blocks, poured concrete, or a series of piers, as approved by the development authority.

(iii) The undercarriage of each mobile home shall be completely screened from view by the foundation or by skirting and the landings to all entrances shall be constructed to the satisfaction of the development authority, within thirty (30) days of placement.

PART IX - LAND USE DISTRICTS R-MU Page 174


71 R-MU DETACHED MIXED USE DISTRICT

71.1 Purpose

The purpose of this district is to provide for laned, low-density mixed use development fronting onto collector and arterial roads, in the form of live/work detached dwellings. This district provides options for certain specialized commercial uses to develop that are accessory to the principal dwelling but might no fit the classification of a home occupation. The live/work dwellings are largely indistinguishable from detached dwellings in adjacent residential districts and may contain small retail shops, boutiques, offices, personal services and home occupations.

71.2 Permitted Uses

Detached dwellings Group home, limited

(Section 35) Home occupations

(Section 34) Parks Public utilities (Section 20) Show homes (Section 37) Sign Class A (Section 55.1) Sign Class C (Section 55.3)

Discretionary Uses

Accessory buildings (Section 31) Bed and breakfasts (Section 36) Child care facilities (Section 35) Group homes (Section 35) Health clinics Offices Personal services Restaurants, minor Retail stores, minor Sign Class B in conjunction with

commercial uses (Section 55.2)


a) Lot Depth


b) Lot Width


c) Density

The maximum density shall be one (1) dwelling per residential lot.


In addition to the general land use provisions in Part IV - General Site Regulations, the following provisions shall apply to every development within this district.

a) Site Coverage

Coverage of all buildings shall not exceed fifty (50) percent of the total site area.

PART IX - LAND USE DISTRICTS R-MU Page 175


b) Front Yard


c) Rear Yard

The minimum rear yard setback from the principal building shall be 8.0 metres.

d) Side Yard

A minimum depth of 1.5 metres, except in the case of the street side of a corner site in which case the side yard shall be a minimum depth of 3.0 metres.

e) Building Height



Parking for the dwelling and any accessory commercial uses shall be provided in accordance with Part VI – Vehicle Access, Parking and Loading of this bylaw, and shall be:

(i) located in the rear of the lot, and

(ii) accessed from a lane at the rear.

g) Landscaping

The minimum landscaped area shall include the boulevard and twenty (20) percent of the site.

h) Discretionary Accessory Commercial Establishment Regulations

(i) Commercial uses shall be limited to the first storey and shall have a separate outside entry from that of the residential component of the building.

(ii) The floor area devoted to commercial uses shall not exceed forty (40) percent of the principal dwelling to a maximum of 75 m2 (807 ft2).

(iii) A development permit application for an accessory commercial use must include a site plan indicating how the establishment can be accommodated on the site to the satisfaction of the development authority.

(iv) The minimum front yard setback may be reduced to 4.5 metres for the principal building at the discretion of the development authority.

PART IX - LAND USE DISTRICTS C-T Page 176


72 C-T CENTRAL HISTORICAL TRANSITION DISTRICT

72.1 Purpose

The purpose of this district is to provide for the continuation and redevelopment of single detached residential uses, as well as permit a higher density of residential uses and certain specialized commercial uses such as boutiques, professional offices and tourist attractions. Preservation of historic buildings and the aesthetic “Old Town” character of the district will be encouraged in all redevelopment opportunities.

72.2 Permitted Uses


Bed and breakfasts (Section 36)

Community buildings and facilities Family day homes

(Section 35) Group homes, limited

(Section 35) Government services Health Clinics Home occupations, minor

(Section 34) Hot tub (Section 32) Parks Public utilities (Section 20) Show suites (Section 37) Sign Class A (Section 55.1) Sign Class B in conjunction with

commercial uses (Section 55.2)

Discretionary Uses

Apartments (subject to R-3) Artisan shops Bake shops Business support services Car washes (Section 39) Day care facilities (Section 35) Detached dwellings (subject to R-1A) Duplexes (subject to R-2) Dwelling units above grade Education services Group homes (Section 35) Home occupations, major

(Section 34) Household repair services Offices Parking facilities, public (Section 49) Personal services Places of worship (Section 40) Private clubs Recycling drop-off centres Restaurants, minor Retail store, minor Secondary suites (Section 33) Semi-detached dwellings

(subject to R-2) 72.3 Development Regulations


a) Commercial Uses

In the case of commercial uses, unless otherwise specified, developments shall be subject to those regulations in Section 73 C-B Central Business District.



b) Residential Uses

In the case of residential uses, development shall be subject to the regulations of the Land Use Districts specified in section 72.2 (above), unless otherwise specified in this section.

c) Required Yards

(i) Notwithstanding (a) and (b) above, the front and rear yard requirements for a proposed development should take into consideration the existing setback of any adjacent land uses.

(ii) Side yard setbacks along a common property line should be provided to ensure that adequate daylight penetrates to windows of any existing dwelling or building that face that common property line.

d) Parking and Access

(i) Parking and loading requirements in this district shall be provided in accordance with the provisions of Part VI – Vehicle Access, Parking and Loading.

(ii) Access to parking areas shall be provided through a lane at the rear of a site for all non-residential uses.

(iii) Parking or access to parking areas is discouraged in the front yard of residential uses.

72.4 Special Development Conditions

a) Dwelling Units Above Grade

Residential dwellings in conjunction with a commercial use shall have separate and direct access to the outside street level.

b) Outdoor Commercial Activity

Outdoor commercial activity shall not be permitted unless it can be demonstrated to the development authority that such activity would not have an impact on residential uses in the area.

c) Signage

(i) Signage design should be sensitive to the architecture of the building on the site, and adjacent buildings and uses.

(ii) Illuminated signs shall not be located in such a manner as to throw direct light into the windows of the existing adjacent dwellings.

d) Landscaping

(i) Landscaping for all residential uses shall include the boulevard and thirty (30) percent of the site.



(ii) Where a front yard is required for any commercial use, the minimum landscaped area provided shall include the front yard and the boulevard.

e) Development Guidelines

The development authority shall encourage application of the following design guidelines for all developments within this district. The guidelines reflect the policies contained within the Town’s Municipal Development Plan by encouraging the continuation of residential uses and promoting specialized commercial developments near the heart of Stony Plain while enhancing the historic “Old Town” feel. The intent of the guidelines is not to be prescriptive, but rather encourage design compatibility and an improved aesthetic.

(i) New buildings should be compatible with the general streetscape with respect to building height, massing, roof lines, architectural style and setbacks.

(ii) Where the design of a new building is intended to contrast with existing buildings, care should be taken to ensure that the new building is not overwhelming and does not dominate the streetscape.

(iii) Incorporation of character elements such as verandas, balconies, porches, dormers, etc. is encouraged for residential uses.

(iv) Detailing elements such as trims, brackets, column supported porches, ornamental windows, parapets, sills, piers are encouraged.

(v) New development should consider colors, materials and finishes that are visually compatible. Building cladding materials such as clapboard, brick, fieldstone and stucco were common historic finishing materials.

(vi) The principal entrance should be visible from the street and may have an elaborate set of stairs and front door.

(vii) Buildings on corner lots should be designed to acknowledge the streets on both sides.

(viii) Front-drive garages or driveways used to park vehicles should be avoided so as to protect the pedestrian environment.

(ix) Visible side and rear building walls, including those adjacent to parking areas should be integrated with and complement a building’s façade.

(x) The quiet enjoyment of the existing residential uses, in terms of anticipated noise levels, possible odours and the provision of a reasonable degree of privacy, should be maintained.

(xi) The height of commercial buildings should be consistent with neighbouring buildings; however roof line variations of one (1) to two (2) stories are acceptable.



(xii) Display windows on the ground level of commercial buildings should be as large as practical. Window sills should be approximately 1.0 metre above grade thereby allowing for a kickplate panel below.

(xiii) Efforts to ensure retention of mature trees should be employed.

(xiv) Flowering trees, shrubs and window boxes are encouraged to provide enhanced color and aesthetics to the streetscape.

PART IX - LAND USE DISTRICTS C-B Page 180


73 C-B CENTRAL BUSINESS DISTRICT

73.1 Purpose

The purpose of this district is to provide for a pedestrian-oriented service and retail commercial environment along the traditional Main Street. The Central Business District acts as the heart of the community and is a main component of the overall sense of identity for the Town of Stony Plain. New development in this district should be compatible in scale, function, built form and design with the historic “Old Town” character of the area.

73.2 Permitted Uses

Artisan shops Bake shops Business support services Government services Health clinics Neighbourhood convenience

store Offices Personal services Public utilities (Section 20) Recreation facilities, private Restaurants, minor Retail store, minor Show suites (Section 37) Sign Class A (Section 55.1) Sign Class B (Section 55.2)

Discretionary Uses

Accessory buildings (Section 31) Alcohol sales Amusement establishment, minor

(Section 42) Bars and neighbourhood pubs Child care facilities (Section 35) Dwelling units above grade Home occupations (Section 34) Hotels Parking facilities (Section 49) Pet shops (Section 43) Private clubs Theatres Uses, which in the opinion of the

development authority are similar to the above uses.


a) Lot Area

The minimum lot area shall be 139 m2 (1,500 ft2).

b) Lot Width

The minimum width shall be 4.5 metres.

c) Lot Depth






a) Site Coverage

Coverage of all buildings may be up to one hundred (100) percent of the total site area provided that adequate provision is made for parking, loading, garbage facilities and fire protection.

b) Front Yard

Not required.

c) Rear Yard

A rear yard is not required except where loading, parking and waste disposal facilities are required.

d) Side Yard

A side yard is not required except where the commercial development abuts a residential district or public street, in which case, the side yard shall be 2.5 metres or one half (1/2) the height of the building, whichever is the greater.

e) Building Height

The maximum height of buildings shall be 10.0 metres.


(i) Parking and loading requirements in this district shall be provided in accordance with the provisions of Part VI – Vehicle Access, Parking and Loading, and where applicable, with Section 56 - Central Business District Parking Overlay.

(ii) Each parcel shall have access to a lane at one side or at the rear.

g) Dwelling Units Above Grade

Residential dwellings or residential-related uses shall:

(i) have access at grade which is separate from the access to all commercial uses; and

(ii) not front onto Main Street at grade.

h) Development Guidelines

The development authority shall encourage the application of the following guidelines for all developments within this district.

(i) Main Street is composed of a variety of commercial uses contained within small scale storefronts, in one and two storey buildings that have little or no front setback from the property line or sidewalk. This built form should be maintained to enhance the pedestrian environment of Stony Plain’s Main Street.

(A) Infill developments, as well as any local improvements should be similar in scale and form.



(B) New buildings should be compatible with the general streetscape with respect to building height, massing, roof lines, architectural style and setbacks.

(C) The height of commercial buildings should be consistent with neighbouring buildings; however roof line variations of one (1) to two (2) stories are acceptable.

(ii) Efforts to renovate and restore historic buildings should consider restoration techniques that reflect the original building construction.

(iii) New development should consider colors, materials and finishes that are visually compatible. Building cladding materials such as clapboard, brick, fieldstone and stucco were common historic finishing materials.

(iv) Buildings on corner lots should be designed to acknowledge the streets on both sides.

(v) Visible side and rear building walls, including those adjacent to parking areas should be integrated with and complement a building’s façade. Parking areas shall have appropriate lighting and shall be well maintained to provide a safe and aesthetic environment. Secondary rear accesses for customers are encouraged where feasible.

(vi) Display windows on the ground level of commercial buildings should be as large as practical. Window sills should be approximately 1.0 metre above grade thereby to allow for a kickplate panel below.

(vii) Façade signs should be designed so as to not conceal any architectural detailing or elements of the building. The use of signage incorporated into aesthetic awnings or canopies is encouraged to provide a protected pedestrian shopping environment. Projecting signs are also recommended for ease of visibility and business identification by pedestrian traffic.

Part IX - LAND USE DISTRICTS C-N Page 183


74 C-N NEIGHBOURHOOD COMMERCIAL DISTRICT

74.1 Purpose

The purpose of this district is to provide small sites for the development of local convenience retail and service outlets which are intended to serve the day-to-day needs of residents within the immediate surrounding neighbourhood. This district is normally located along or at intersections of collector and arterial roads, and is conveniently accessible for all neighbourhood residents.

74.2 Permitted Uses

Bake shops Day care facilities (Section 35) Health clinics Offices Personal services Public utilities (Section 20) Neighbourhood convenience

stores Restaurants, minor Retail stores, minor Shopping centres,

neighbourhood Sign class A (Section 55.1) Sign class B (Section 55.2) Sign class D (Section 55.4)

Discretionary Uses

Accessory buildings (Section 31) Amusement establishments, minor

(Section 42) Bars and neighbourhood pubs Business support services Community buildings and facilities Gas bars (Section 39) Recreational establishment, private Recycling drop-off centres


a) Site Area

(i) The minimum site area shall be 475 m2 (5,110 ft2).

(ii) The maximum site area shall be 0.5 hectares (1.24 acres).



a) Site Coverage

Coverage of all buildings shall not exceed sixty (60) percent of the total site area.

b) Floor Area

The maximum floor area of any individual business shall be 500 m2 (5, 382 ft2).

Part IX - LAND USE DISTRICTS C-N Page 184


c) Front Yard

A minimum depth of 6.0 metres, or equivalent to the required setback of any other district abutting the site.

d) Rear Yard

The minimum rear yard shall be 6.0 metres for loading and waste disposal facilities. This distance may be reduced at the discretion of the development authority.

e) Side Yard

A minimum depth of 2.0 metres for each side yard, except:

(i) a minimum depth of 3.0 metres for a side yard adjacent to a residential district.

(ii) a minimum depth of 4.0 metres on the street side of a corner site.

(iii) a minimum depth of 7.0 metres where access is required to the rear yard.

f) Building Height

A maximum of 10.0 metres, or the maximum height for a district adjacent to the site upon which the building is to be located, according to the discretion of the development authority.


Parking and loading requirements in this district shall be provided in accordance with the provisions of Part VI – Vehicle Access, Parking and Loading.

h) Landscaping

Landscaping shall be provided according to an approved plan for the boulevard and ten (10) percent of the total site area, in accordance with Section 26 – Landscaping, which shall include the following applicable spaces:

(i) a minimum of 1.82 metres from the front parcel boundary;

(ii) a minimum of 1.82 metres for a side yard which abuts a public street or a residential district; and

(iii) fencing along a rear yard adjacent to a residential district.

i) Building Design and Character

The siting and appearance of all buildings or improvements on the site shall be in conformance with other adjacent buildings, and that there is adequate protection afforded to the amenities of the adjacent residents.

Part IX - LAND USE DISTRICTS C-MU Page 185


75 C-MU COMMUNITY MIXED USE DISTRICT

75.1 Purpose

The purpose of this district is to provide the opportunity for commercial and residential uses to be contained within one building. Commercial establishments are of a community-scale, which are intended to serve the needs of residents within the development, as well as the surrounding neighbourhood. This district is normally located along commercial streets or at intersections of collector and arterial roads, and is conveniently accessible for all neighbourhood residents.

75.2 Permitted Uses

Artisan shops Bake shops Day care facilities (Section 35) Dwelling units above grade Health clinics Offices Parks Personal services Public utilities (Section 20) Neighbourhood convenience

stores Retail stores, minor Shopping centres,

neighbourhood Sign class A (Section 55.1) Sign class B (Section 55.2) Sign class D (Section 55.4)

Discretionary Uses

Accessory buildings (Section 31) Business support services Recreational establishment, private Recycling drop-off centres Restaurants, minor


a) Lot Area

The maximum lot area shall be 2.0 hectares (4.9 acres).

b) Density

The maximum density shall be sixty (60) dwelling units per hectare; except one (1) additional dwelling unit may be allowed for every two (2) residential parking stalls provided underground.


In addition to the general land use provisions in Part IV- General Site Regulations, the following provisions shall apply to every development within this district.

a) Lot Coverage




b) Front Yard

(i) A minimum depth of 6.0 metres from the front of a building to a property line for a two storey development.

(ii) A minimum depth of 7.0 metres from the front of a building to a property line for three and four storey developments.

c) Rear Yard


d) Side Yard

(i) A minimum side yard of 1.2 metres for a one story development, 2.0 metres for a two storey development and one (1.0) additional metre for each storey or partial storey above two storeys.




f) Building Height

The maximum height of buildings shall not exceed 14.0 metres or four (4) storeys.


(i) Parking facilities for residential uses in this district shall be provided to the rear, side or beneath the development in accordance with Part VI – Vehicles Access, Parking and Loading of this bylaw and to the satisfaction of the development authority.

(ii) Parking facilities for commercial uses shall be provided in accordance with Part VI – Vehicle Access, Parking and Loading of this bylaw.


Private amenity spaces for residential uses shall be provided in accordance with Section 27 – Amenity Space.


A combination of indoor and outdoor communal amenity space shall be provided in accordance with Section 27 – Amenity Space for developments with ten (10) or more dwelling units.

j) Landscaping

The minimum landscaped area shall be the boulevard and thirty-five (35) percent of the site, as per an approved landscaping plan in accordance with Section 26 - Landscaping.



k) Commercial Use Regulations

(i) Commercial uses shall be located where the site fronts onto a collector street.



(iv) The maximum floor area of any individual business shall be 500 m2

(5,382 ft2).

l) Building Design and Character

The siting and appearance of all buildings or improvements on the site shall ensure there is adequate protection afforded to the amenities of the adjacent residents.

PART IX - LAND USE DISTRICTS C-G Page 188


76 C-G GENERAL COMMERCIAL DISTRICT

76.1 Purpose

The purpose of this district is to provide for a broad range of businesses, including those that are vehicular-oriented. In order to provide easy access and visibility, as well as minimize vehicular traffic into residential areas, this district will be located along collector and arterial roadways. Perimeter landscaping is required to separate the development from surrounding roads and developments.

76.2 Permitted Uses

Amusement establishments, minor (Section 42)

Bake shops Business support services Funeral homes Gas bars (Section 39) Government services Health clinics Household repair services Offices Pet shops (Section 43) Personal services Private clubs Protective and emergency

services Public utilities (Section 20) Recreational establishments Retail store, minor Restaurants Service stations, minor

(Section 39) Shipping Containers (Section 23) Shopping centres, community Sign class A (Section 55.1) Sign class B (Section 55.2) Sign class C (Section 55.3) Sign class D (Section 55.4)

Discretionary Uses

Accessory buildings (Section 31) Alcohol sales Amusement establishment, major

(Section 42) Automotive and equipment repair

services Car washes (Section 39) Contractor services, limited Day care facilities (Section 35) Drive-in food services (Section 39) Education services Equipment rentals, small Public utility buildings containing offices

(Section 20) Radio communication structures (Section

44) Recycling depots Recycling drop-off centres Retail store, major Service stations, major (Section 39) Show homes (Section 37) Theatres Veterinary clinics (Section 43)


a) Lot Area

(i) The minimum lot area shall be 600 m2 (6,458 ft2).

(ii) The maximum lot area shall be 4.0 hectares (430,556 ft2).



b) Lot Width

The minimum lot width shall be 15.0 metres.



a) Site Coverage

Coverage of all buildings shall not exceed fifty (50) percent of the total site area.

b) Front Yard


c) Rear Yard

A minimum depth of 6.0 metres, or as required by the development authority in order to ensure adequate off-street parking, loading, internal traffic circulation and landscaping.

d) Side Yard

A minimum width of 2.0 metres, except:

(i) 4.0 metres for a side yard adjacent to a residential district.

(ii) 4.0 metres on the street side of a corner site.

(iii) 7.0 metres where access to a rear yard is required.

e) Building Height



(i) Parking and loading requirements in this district shall be provided in accordance with the provisions of Part VI – Vehicle Access, Parking and Loading.

(ii) Parking areas are encouraged to be located at the side and rear of the site, and should provide safe pedestrian access from parking areas to building entrances.

g) Landscaping

Landscaping shall be provided according to an approved plan (see Section 26 – Landscaping) for the boulevard and a minimum of ten (10) percent of the total site area, which shall include the following applicable spaces:

(i) a minimum of 1.82 metres from the front parcel boundary; and

(ii) a minimum of 1.82 metres for a yard which abuts a public street or a residential district.



h) Comprehensively Planned Developments

(i) The comprehensive plan must include all lands within the shopping centre development, and show building design compatibilities, site layout, parking, landscaping, pedestrian and vehicular access and circulation, signage, garbage enclosures and fencing.

(ii) Parking areas shall be arranged within smaller cells and defined by medians and landscaping so as to delineate entrance and through routes, vehicular and pedestrian pathways and provide visual relief.

(iii) Traffic signage shall be provided to direct vehicular circulation.

(iv) All shopping centre accesses shall be established an adequate distance from an intersection to ensure sufficient space for the stacking of vehicles entering and exiting the site.

(v) Buildings and landscaping should be the most prominent feature on the site.

(vi) The internal pedestrian circulation system should be designed to have direct and visible connections to the public sidewalk, and facilitate safe pedestrian movement throughout the site.

(vii) A wide range of commercial uses should be strategically located on the site to mutually benefit and complement each other.

PART IX - LAND USE DISTRICTS C-H Page 191


77 C-H HIGHWAY COMMERCIAL DISTRICT

77.1 Purpose

The purpose of this district is to accommodate a wide range of commercial uses which are intended to serve the community, the regional trade area and traveling public. This district is normally located along Highway 16A and encourages a high architectural and landscaping design standard.

77.2 Permitted Uses

Automotive and minor recreational vehicle sales and rentals

Automotive and equipment repair services

Community shopping centres Drive-in food services

(Section 39) Hotels Motels Parks Personal services Public utilities (Section 20) Recreational establishments,

private Restaurants Retail stores Service stations Shipping Containers (Section 23) Sign class A (Section 55.1) Sign class B (Section 55.2) Sign Class C (Section 55.3) Sign class D (Section 55.4) Travel information centers

Discretionary Uses

Accessory buildings (Section 31) Alcohol sales Amusement establishments, major

(Section 42) Amusement establishment, outdoors

(Section 42) Business support services Campgrounds Car washes (Section 39) Education services Equipment rentals Funeral homes Health clinics Household repair services Industrial vehicle and equipment sales,

services and rentals Offices Pet shops (Section 43) Protective and emergency services Recreational vehicle and mobile home

sales and rental Recycling drop-off centres Regional shopping centres Show homes and sales offices (Section

37) Sign Class E (Section 55) Theaters Wholesale stores


a) Site Area

(i) The minimum site area shall be 0.2 hectares (0.5 acres).

(ii) The maximum site area shall be 4.75 hectares (11.7 acres).




In addition to the general land use provisions in Part IV - General Site Regulations and the Highway16A Corridor Overlay (Section 58), the following provisions shall apply to every development within this district.

a) Site Coverage

Coverage of all buildings shall not exceed fifty (50) percent of the site area.

b) Highway Setback

No building or structure shall be erected within 15.0 metres of the highway right-of-way.

c) Front Yard


d) Rear Yard


e) Side Yards


f) Building Height

A maximum of 14.0 metres.


(i) Parking requirements in this district shall be provided in accordance with the provisions of Part VI – Vehicle Access, Parking and Loading.

(ii) Site access shall be determined by the development authority in consultation with Alberta Transportation.

h) Landscaping

Landscaping shall be provided according to an approved plan for a minimum of fifteen (15) percent of the total site area (see Section 26 – Landscaping), which shall include the following applicable spaces:

(i) 6.0 metres adjacent to the highway right-of-way;

(ii) 2.0 metres where adjacent to a street; and

(iii) 2.0 metres where adjacent to a residential district.

i) Comprehensively Planned Developments

(i) A Community or Regional shopping centre development may be composed of a number of individual lots if a comprehensive plan is prepared to the satisfaction of the development authority.



(ii) The comprehensive plan must include all lands within the shopping centre development, and show building design compatibilities, site layout, parking, landscaping, pedestrian and vehicular access and circulation, signage, garbage enclosures and fencing.

(iii) Parking areas shall be arranged within smaller cells and defined by medians and landscaping so as to delineate entrance and through routes, vehicular and pedestrian pathways and provide visual relief.

(iv) Traffic signage shall be provided to direct vehicular circulation.

(v) All shopping centre accesses shall be established an adequate distance from an intersection to ensure sufficient space for the stacking of vehicles entering and exiting the site.

(vi) Buildings and landscaping should be the most prominent feature on the site.

(vii) The internal pedestrian circulation system should be designed to have direct and visible connections to the public sidewalk, and facilitate safe pedestrian movement throughout the site.

(viii) A wide range of commercial uses should be strategically located on the site to mutually benefit and complement each other.

PART IX - LAND USE DISTRICTS M-1 Page 194


78 M-1 BUSINESS INDUSTRIAL DISTRICT

78.1 Purpose

The purpose of this district is to provide for industrial uses such as the manufacture of previously prepared materials or finished products. These activities are typically conducted indoors, and do not cause a nuisance beyond the boundary of the site upon which they are located. Light industrial districts are normally located along major roadways on the periphery of industrial areas and provide a buffer for heavier industrial uses.

78.2 Permitted Uses

Accessory buildings (Section 31) Automotive and equipment repair

services Bakeries Building supply centres Car washes (Section 39) Contractor services, limited Equipment rentals Landscaping supply centers Gas bars (Section 39) Greenhouses and plant nurseries Manufacturing, small scale Mini-storages Neighbourhood convenience

stores Offices Parks Public utilities (Section 20) Recycling depots Restaurants, minor Retail Store, minor Service stations (Section 39) Shipping Containers (Section 23) Sign Class A (Section 55.1) Sign Class B (Section 55.2) Sign Class C (Section 55.3) Sign Class D (Section 55.4) Warehousing

Discretionary Uses

Amusement establishment, outdoors Auctioneering establishment Auto body services Bulk fuel sales and distribution Contractor services Existing detached dwellings Industrial vehicle and equipment sales,

service and rental Kennels (Section 43) Radio communication structures

(Section 44) Recreational establishments, private Recreational vehicle and mobile home

sales and rental Recycling drop-off centres Similar light industrial uses to the

discretion of the Development Officer

Surveillance suites (Section 41) Vehicle and equipment storage Veterinary clinic, large animal (Section 43)




a) Site Area

A minimum of 0.19 hectares (0.45 acres) unless the development is intended to be served by a sewage collection system, water distribution system and storm drainage system, in which case the site size shall be assessed in relation to the actual development proposed.



a) Site Coverage

The maximum site coverage shall not exceed sixty (60) percent of the site area.

b) Front Yard

A minimum depth of 6.0 metres except where a greater distance is deemed necessary by the development authority.

c) Rear Yard


d) Side Yard

The minimum width of each side yard shall be 2.0 metres, except:

(i) a minimum width of 6.0 metres, where a side yard is used to provide vehicular access to the rear of the property;

(ii) a minimum width of 6.0 metres where a side yard abuts a public street or residential district.

e) Building Height

A maximum of 10.0 metres.



(ii) Each site shall have not more than two approaches to any street. Consideration should be given to continuity of traffic flow, the safety of vehicles and avoidance of dangerous intersections, to the satisfaction of the development authority.

(iii) Access to sites located adjacent to any highway shall be determined by the development authority in consultation with the Provincial Highway Authority.



g) Landscaping

Landscaping shall be provided according to an approved landscaping plan subject to the provisions of Section 26 - Landscaping, which shall include the area extending the full length of those front and side yards which abut a residential district or public street, to a minimum depth of 2.0 metres measured from the property line.

h) Environmental Protection Standards

No development permit shall be issued if the development will not comply with the environmental protection standards in Section 25 – Environmental Protection Standards.



79 M-2 GENERAL INDUSTRIAL DISTRICT

79.1 Purpose

The purpose of this district is to provide for a variety of general industrial uses including manufacturing, assembling and fabricating activities. It may also contain large scale or specialized operations which may cause objectionable conditions due to noise, vibration, odor or the emission of air contaminants beyond the boundary of the site. This district is normally located on the interior of industrial or agricultural areas, so as not to interfere with the safety, use, amenity or enjoyment of any surrounding land use districts.

79.2 Permitted Uses


Auctioneering establishments Auto body services Building supply stores Bulk fuel sales and distribution Commercial printing Contractor services Industrial vehicle and equipment

sales, services and rentals Manufacturing, large scale Recycling depots Shipping Containers (Section 23) Sign Class A (Section 55.1) Sign Class B (Section 55.2) Sign Class C (Section 55.3) Sign Class D (Section 55.4) Service stations (Section 39) Public utilities (Section 20) Warehousing

Discretionary Uses

Meat processing facilities Radio communication structures

(Section 44) Salvage yards Similar general industrial uses to the

discretion of the Development Officer

Surveillance suites Vehicle and Equipment storages Warehousing or processing of hazardous

materials and wastes


a) Site Area

A minimum site area of 0.4 hectares (1.0 acre).



a) Site Coverage

The maximum site coverage shall not exceed sixty (60) percent of the site area.



b) Front Yard

A minimum depth of 6.0 metres, except where a greater distance is deemed necessary by the development authority.

c) Rear Yard


d) Side Yard

The minimum width for each side yard shall be 2.0 metres, except:

(i) a minimum width of 6.0 metres, where a side yard is used to provide vehicular access to the rear of the property;

(ii) a minimum width of 6.0 metres where a side yard abuts a public street.

e) Building Height

The maximum building height shall be 10.0 metres.



(ii) Each site shall have not more than two approaches to any street. Consideration should be given to continuity of traffic flow, the safety of vehicles and avoidance of dangerous intersections, to the satisfaction of the development authority.

(iii) Access to sites located adjacent to any highway shall be determined by the development authority in consultation with the Provincial Highway Authority.

g) Landscaping

Landscaping shall be provided according to an approved landscaping plan subject to the provisions of Section 26 - Landscaping, which shall include the area extending the full width of those front and side yards which abut a public street, to a minimum depth of 2.0 metres measured from the property line.

h) Environmental Protection Standards

No development permit shall be issued if the development will not comply with the environmental protection standards in Section 25 – Environmental Standards.

PART IX - LAND USE DISTRICTS P Page 199


80 P PUBLIC PARKS AND RECREATION DISTRICT

80.1 Purpose

The purpose of this district is to provide land for the development of parks to meet the active and passive recreational pursuits of the public, whether at a local, neighbourhood or municipal level.

80.2 Permitted Uses


Natural areas Parks Public Utilities (Section 20) Recreational establishments,

public Sign Class A (Section 55.1) Sign Class B (Section 55.2) Sports fields and courts

Discretionary Uses

Community buildings and facilities Exhibition grounds Golf courses and associated uses Municipal campgrounds Parking facilities Playgrounds Sign Class D (Section 55.4) Tourist information centre



a) General Regulations

All site regulations shall be at the discretion of the development authority. The siting, design, buffering, landscaping and screening shall minimize any potential conflicts with adjacent uses.

b) Front Yard

A minimum depth of 6.0 metres, except where a larger setback is required by the development authority.

c) Rear Yard

A minimum depth of 6.0 metres shall be provided.

d) Side Yard

The minimum depth for each side yard shall be 1.5 metres.

e) Parking and Access

The provisions for parking and loading shall be as specified under Part VI – Vehicle Access, Parking and Loading of this bylaw, to the discretion of the development authority.

PART IX - LAND USE DISTRICTS P-U Page 200


81 P-U PUBLIC UTILITY DISTRICT

81.1 Purpose

This district is intended to establish areas for publicly and privately owned utility services or corridors, primarily those which cannot be accommodated in another single land district. This includes works or a system that is used to provide for public benefit or consumption, such as water, waste management, drainage, sewage disposal, road maintenance, electricity or telecommunications.

81.2 Permitted Uses

Public utilities with minor impact (Section 20)

Parks Shipping Containers (Section 23) Sign Class A (Section 55.1) Snow dump sites

Discretionary Uses

Parking facilities Public utilities with major impact (Section

20) Public works yards Radio communication structures (Section

44) Recreational establishments Recycling drop-off centres Sports fields and courts Transfer stations Transportation corridors




All site regulations shall be at the discretion of the development authority. The siting, design, building height, buffering, landscaping and screening shall minimize any potential conflicts with adjacent uses.

b) Parking and Access

The provisions for parking and loading shall be at the discretion of the development authority except as otherwise specified under Part VI – Vehicle Access, Parking and Loading of this bylaw.

PART IX - LAND USE DISTRICTS U-S Page 201


82 U-S URBAN SERVICES DISTRICT

82.1 Purpose

The purpose of this district is to establish an area for the development of publicly or privately owned institutions or community services.

82.2 Permitted Uses


Community buildings and facilities Education services Government services Parks Places of worship (Section 40) Restaurant, minor Schools Shipping Containers (Section 23) Sign Class A (Section 55.1) Sign Class B (Section 55.2) Sign Class D (Section 55.4)

Discretionary Uses

Accessory residence for staff or students related to a community service use

Cemeteries Child care facilities (Section 35) Extended medical treatment facilities Group care facilities Private clubs Protective and emergency services Recreational facilities




All site regulations shall be at the discretion of the development authority. The siting, design, buffering, landscaping and screening shall be consistent with other buildings in the surrounding area and shall be adequate to minimize potential conflicts with adjacent uses.

b) Front Yard


c) Rear Yard


d) Side Yard

The minimum side yards shall be 2.0 metres.

e) Building Height

A maximum height of 12.0 metres, unless otherwise determined by the development authority.

PART IX - LAND USE DISTRICTS U-S Page 202



The provisions for parking and loading shall be at the discretion of the development authority except as otherwise specified under Part VI – Vehicle Access, Parking and Loading of this bylaw.

g) Landscaping

Landscaping shall be provided according to an approved landscaping plan subject to the provisions of Section 26 - Landscaping, which shall include the area extending the full width of those front and side yards which abut a public street, to a minimum depth of 2.0 metres measured from the property line.

PART IX - LAND USE DISTRICTS U-R Page 203


83 U-R URBAN RESERVE DISTRICT

83.1 Purpose

The purpose of this district is to reserve those areas within the Town which are rural in character until such time that it is required for urban purposes. Development must be consistent with the future development concepts within the Municipal Development Plan. The reclassification of land to other land use districts will normally occur subsequent to the approval of an Area Structure Plan and prior to the endorsement of a proposed subdivision.

83.2 Permitted Uses


Agricultural uses Existing detached dwellings Home occupations, minor

(Section 34) Parks and athletic fields Shipping Containers (Section 23) Sign Class A (Section 55.1)

Discretionary Uses

Any strictly temporary use or building which, in the opinion of the development authority, will not prejudice the possibility of future development of the area

Bed and breakfasts (Section 36) Detached dwellings in conjunction with

an agricultural use Greenhouses and plant nurseries Home occupations, major

(Section 34) Kennels (Section 43) Landscaping supply centres Public utilities (Section 20) Recreational vehicle storage Sign Class B in conjunction with accessory

commercial use (Section 55.2)


a) Site Area

The minimum site area shall be 8.0 hectares (19.7 acres).



a) Yards

The front, side and rear yards shall all have a minimum depth of 6.0 metres.

b) Building Height

The maximum height of buildings shall be 10.0 metres, except in the case of buildings or structures accessory to a farm operation.

PART IX - LAND USE DISTRICTS U-R Page 204


c) Water Supply and Sewage Disposal

Water supply and sewage disposal shall be provided in accordance with the Public Health Act regulations.

d) Agricultural Uses

Agricultural uses shall not include any intensive agricultural developments, such as the breeding and raising of fur bearing animals, poultry, hogs or feedlot operations.

e) Future Development Considerations

(i) The development authority may specify the length of time a use is permitted in this district having regard for the servicing, and future residential development of the subject land.

(ii) Preparation and adoption of an Area Structure Plan may be required by the development authority prior to consideration of an application for redistricting or subdivision.

(iii) Future development of areas adjacent to Atim Creek or a Stream Course shall comply with the regulations of the Flood Risk and Flood Fringe Overlay (see Section 57).

PART IX - LAND USE DISTRICTS D-C Page 205


84 DC DIRECT CONTROL DISTRICTS

84.1 Purpose

The purpose of these districts are to identify areas of the Town where sensitive control of the land’s use and development are necessary in order to establish, preserve or enhance a unique character, a special environmental concern, or a special historic, cultural or natural site. These districts are not intended to be used as a substitution for any other land use district that could be used to achieve the same result through a variance.

84.2 Application

This district shall only be designated under the following conditions:

a) The development proposal is consistent with the Town of Stony Plain’s Municipal Development Plan and any other statutory plan adopted by Town Council (where an area structure plan has not been adopted for the subject area Council may require that one be prepared); and

b) the proposed development is compatible with the land uses that surround the development site.

84.3 Development Procedures

a) Every application to designate a Direct Control District shall be made in accordance with the bylaw amendment procedures of Section 10.6 of this bylaw.

b) Where this district is applied, the development regulations shall be prescribed in the bylaw applying this district to the site and such development regulations shall be limited to those matters provided by the Land Use Bylaw and development condition provisions of the Municipal Government Act.

c) The map symbol identifies on the Land Use Map the areas affected by the Direct Control District regulations.

PART IX - LAND USE DISTRICTS D-C Page 206


Table 84.1 DIRECT CONTROL DISTRICTS

Acronym Direct Control

Districts Legal Address Civic Address

Adopting Bylaw

DC-1 Folkstone Place High Density Residential District

Plan 052-1177 Block 21 Lot 35 *2259/LUO/06

DC-2 Tiffany Greenfield Residential Special Purpose District

A portion of NW ¼ Sec25-52-1-W5M *2346/LUO/08

DC-3 Willow Dell Residential Special Purpose District

Plan 0020171 Lot 1 and Plan 0626772 Block 1 Lot 76

*2351/LUO/08

*Direct Control Districts added to Land Use Bylaw 2355/LUO/08 when it was adopted in January 2009.

PART IX - LAND USE DISTRICTS DC-1 Page 207


85 DC-1 FOLKSTONE PLACE HIGH DENSITY RESIDENTIAL DISTRICT

85.1 Purpose

The purpose of this district is to provide for a site specific high density, four and one-half storey apartment building with underground parkade.

85.2 Location

Lot 35, Block 21, Plan 052-1177, as shown on the land use map.

85.3 Permitted Uses

Apartments Group homes, limited

(Section 35) Show suite Public Utilities (Section 20) Sign Class A (Section 55.1) Sign Class C (Section 55.3)

Discretionary Uses

Accessory buildings (Section 31) Family day homes (Section 35) Group homes (Section 35) Home occupations, minor

(Section 34)


a) Lot Area

The site area shall be 0.445 hectares.

b) Density

The maximum density shall be 79 dwelling units per 0.445 hectare.


a) Site Coverage

A maximum of forty (40) percent of the site area.

b) Front Yard

A minimum depth of 7.0 metres from the front of a building to a property line.

c) Rear Yard

A minimum depth of 3.9 metres to the east and south property line.

d) Side Yard

(i) A minimum depth of 3.9 metres to the east and south property line.

(ii) A minimum depth of 9.5 metres to the west property line.

(iii) A minimum depth of 6.2 metres to the north property line.



e) Building Height

The maximum height of buildings shall not exceed 16.0 metres or 4 1/2 storeys.


Parking facilities in this district shall be provided to the front or beneath the development to the satisfaction of the Development Officer.



86 DC-2 TIFFANY GREENFIELD RESIDENTIAL SPECIAL PURPOSE DISTRICT

To establish a site specific Residential Special Purpose District for semi-detached residential development in accordance with the Town of Stony Plain Tiffany Greenfield Area Structure Plan. Development of this district shall be in accordance with the attached Redistricting Plan (Figure 86.1), Streetscape Plan (Figure 86.2), Site Plan (Figure 86.3) and Architectural Elevation (Figure 86.4).

86.1 Area of Application

The district shall apply to a portion of NW 25-52-1-W5 as shown on attached Redistricting Plan (Figure 86.1).

86.2 Permitted Uses


Duplexes, side-by-side (Section 28)

Home Occupations, minor (Section 34)

Parks Show homes (Section 37) Sign Class A (Section 55.1) Sign Class C (Section 55.3) Utility buildings not containing

offices (Section 20)

Discretionary Uses

Family day home (Section 35) Group Home, limited (section 35) Home Occupations, major

(Section 34)


a) Lot Depth

A minimum 33.5 metres unless the lot is located on a bulb or a cul-de-sac, in which case a minimum lot depth shall be 30 m.

b) Lot Width

(i) The minimum lot width shall be 10.0 metres measured at the widest point, except on corner lots it shall be 15.5 metres.

(ii) The minimum lot frontage shall be 4.0 metres measured where the lot abuts the public roadway.

c) Density

The maximum number of dwelling units shall be twenty-six (26) dwelling units.

d) Lot Area

The minimum area of each lot shall be 235 m2.



e) Access

Each lot shall be accessed by a public road at the front and a public lane at the rear.

f) Lot Subdivision

Notwithstanding other sections of this bylaw, at the discretion of the development authority, approval may be given and a development permit may be issued on a development prior to the registration of a plan of subdivision for the development, where a development is in conformance with a site plan that proposes future subdivision to accommodate the development, provided that:

(i) subdivision approval has been previously given on the proposed site by the subdivision approval authority and the appeal period has expired;

(ii) a preliminary survey plan has been undertaken and applied to the land to establish the location of buildings proposed;

(iii) after the registration of the plan, the development will be in conformance with all regulations of this bylaw; and

(iv) the developer will be held responsible for any development that is undertaken which is not in conformance with the Land Use Bylaw prior to, or after the registration of the plan of the subdivision; and

(v) The plan of subdivision is prepared and registered immediately upon the completion of foundations and, at the discretion of the development authority, prior to any further development taking place on the site.


a) Developable Sites

(i) The minimum area of each developable site shall be 470 m2.

(ii) Each developable site shall have two (2) side-by-side duplex dwelling units, each on their own separate lot. (see Figure 86.3 and 86.4)

b) Coverage

The maximum site coverage shall be forty (40) percent of the total site area, for principal buildings, fifteen (15) percent for accessory buildings and fifty-five (55) percent where a garage is attached. An additional 5 percent may be allowed for decks, porches, or verandas.

c) Front Yard

A minimum depth of 4.0 metres from the front of a building to the property line.



d) Rear Yard

A minimum depth of 7.60 metres from the principal dwelling to the property line.

e) Side Yard

A minimum depth of 1.5 metres from a side of a building to the boundary of the site being developed, where the lot is adjacent to a street there shall be a minimum depth of 3.0 metres from a side of a building to the property line abutting the street.

f) Building Height

(i) Dwelling units shall have two (2) storeys.

(ii) Buildings shall be less than 10.0 metres high.

g) Parking

(i) Driveways to private parking shall be allowed in the rear yard only.

(ii) Each lot shall be provided with a garage large enough for one parking space, and a paved parking pad at the rear of the lot. The parking pad shall be large enough for one parking space and paved with concrete or pavers.

(iii) Parking dimensions shall be subject to the regulations of Part VI – Vehicle Access, Parking and Loading of this bylaw.

h) Outdoor Storage

Garbage and waste material shall be stored in weatherproof and animal-proof containers in accordance with Stony Plain Nuisance, Unsightly and Untidy Premises Bylaw. Other materials shall be visually screened from all adjacent residential districts and public streets in accordance with Section 23 - Objectional Items in Yards of this bylaw.



Figure 86.1 Redistricting Plan



Figure 86.2 Streetscape Plan



Figure 86.3 Site Plan



Figure 86.4 Architectural Elevation Plan



87 DC-3 WILLOW DELL RESIDENTIAL SPECIAL PURPOSE DISTRICT

87.1 Purpose

This bylaw is intended to redistrict the U-S Urban Service designation of the area described below to allow for a community where adults can age in place. This redistricting will provide for condominiums, semi-detached dwellings and a number of municipal reserve lots. The intended development concept is for ground oriented units with living and sleeping space at grade level and senior supported living apartment style accommodation complete with elevators and fully accessible living and amenity space. The development site plan, architectural development and landscaping plan shall be as presented in Figures 87.1 – 87.6.

87.2 Area of Application

The District shall apply to Lot 1, Plan 002 0171 and part of Lot 76, Block 1, Plan 062 6772 in the Town of Stony Plain as shown on the key plan.

87.3 Permitted Uses

Apartment buildings Duplex, side-by-side Detached dwelling Home occupations, minor

(Section 34) Parks Show suite (Section 37) Sign Class A (Section 55.1) Sign Class C (Section 55.2)

Discretionary Uses

Accessory buildings (Section 31) Home occupations, major

(Section 34) Public utilities (Section 20)


a) Density

(i) The maximum number of apartment dwelling units shall be 160 dwelling units.

(ii) The maximum number of side-by-side duplex dwelling units shall be 69 dwelling units.


a) Setbacks

(i) A minimum depth of 6.0 metres shall be provided from the building to the west and south property lines.

(ii) A minimum depth of 7.0 metres shall be provided from the building to the north and east property lines.

(iii) A minimum depth of 1.5 metres shall be provided from the side-by-side duplex dwelling to any internal municipal reserve lot.



(iv) A minimum depth of 6.0 metres shall be provided from any side-by-side duplex dwelling to a parking aisle.

(v) Setbacks between side-by-side duplex dwellings shall be a minimum of 2.4 metres.

b) Parking

(i) The minimum number of off-street parking spaces for each apartment suite shall be 1.4 spaces per suite, permitted as tandem.

(ii) The minimum number of off-street parking spaces for each side-by-side duplex dwelling unit shall be two (2) spaces, permitted as tandem.

(iii) Additional parking shall be provided for visitor parking in the amount of fifteen (15) percent of the number of spaces required for apartment units.

(iv) Parking dimensions and layout shall be in accordance with Section 48 – Minimum Parking Stall Dimensions and as shown in Figures 87.1 and 87.3.

c) Height

(i) The maximum height of buildings shall not exceed 8.0 metres or two (2) storeys, except apartment buildings which shall not exceed 14.0 metres or four (4) storeys.

d) Outdoor Storage

Garbage and waste material shall be stored in weatherproof and animal-proof containers in accordance with Stony Plain Nuisance, Unsightly and Untidy Premises Bylaw. Other materials shall be visually screened from all adjacent residential districts and public streets in accordance with Section 23 – Objectional Items in Yards this bylaw.

e) Landscaping and Amenity Space

(i) The minimum landscaped area shall be thirty-five (35) percent of the site.

(ii) Landscaping and amenity space requirements in this district shall be provided in accordance with the provisions of Sections 26 – Landscaping and Section 27 – Amenity Space of this bylaw and the landscaping plan shown in Figure 87.2.



Figure 87.1 Site Plan



Figure 87.2 Landscaping Plan



Figure 87.3 Parkade Plan



Figure 87.4 Side-by-side Duplex Elevations



Figure 87.5 Manor I Elevations



Figure 87.6 Manor II Elevations

APPENDIX A Page 225


APPENDIX A - METRIC CONVERSION

This bylaw is written in metric. To convert metres to feet, multiply the number of metres by 3.28 to get the approximate dimension in feet. Some typical dimensions used in the bylaw and their imperial equivalents are as follows:

METRES 0.5 1.0 2.0 3.0 4.0 5.0 6.0 7.5 8.0 9.0 10.0 12.0 15.0 35.0 40.0

FEET 1.64 3.28 6.56 9.84 13.12 16.40 19.69 24.61 26.24 29.53 32.80 39.37 49.20 114.83 131.23

To convert square metres to square feet multiply the number of square metres by 10.764 to get the number of square feet. Some typical conversions are as follows:

SQUARE METRES 1.5 7.5 9.0 310 465 570 600 850 1300 8000

SQUARE FEET 16.15 80.73 96.88 4,520.99 5,005.38 6,135.63 6,458.56 9,149.62 13,993.54 86,114.10

NOTE: This page is intended only to assist readers and does not form part of the Land Use Bylaw.

APPENDIX B Page 226


APPENDIX B – LOW WATER LANDSCAPING

The landscaped area may be covered by a combination of sod, trees, shrubs, perennials, mulch or other hard landscaping materials.

a) Low water trees are identified in Table B.1.

b) Low water shrubs are identified in Table B.2.

c) Low water perennials are identified in Table B.3.

TABLE B.1: LOW WATER TREES

Botanical Name Common Name

Deciduous Trees

Fraxinus pensylvanica Green Ash

Prunus padus commutate Mayday

Prunus pennsylvanica Pin Cherry

Prunus virginiana var. melanocarpa Chokecherry

Pyrus ussuriensis Ussurian Pear

Quercus macrocarpa Bur Oak

Coniferous Trees

Pinus spp. Various pine species

Picea pungens Colorado Spruce

APPENDIX B Page 227


TABLE B.2: LOW WATER SHRUBS


Amelanchier alnifolia Saskatoon Berry

Arctostaphylos uva-ursi Bearberry

Caragana spp. Caragana (various)

Cotoneaster spp. Hawthorne

Hippophae rhamnoides Sea buckthorn

Juniperus spp. Juniper (various)

Lonicera spp. Honeysuckle

Pinus mugo Mugo Pine

Potentilla fruticosa Cinquefoil

Prinsepia sinensis Cherry Prinsepia

Prunus fruticosa European Dwarf Cherry

Prunus tenella Russian Almond

Prunus tomentosa Nanking Cherry

Prunus triloba Double Flowering Plum

Prunus x cistena Cistina Cherry

Rhus integrifolia Lemonade Sumac

Rhus trilobata Skunkbush

Rosa Sunshine Vigorosa Sunshine Rose

Syringa spp. Lilac

APPENDIX B Page 228


TABLE B.3: LOW WATER PERENNIALS


Festuca spp. Fescue Grass

Calamagrotis spp. Feather Reed Grass

Echinacea spp. Purple Coneflower

Liatris spp. Gayfeather

Bergenia Cordifolia Bergenia

Delphinium spp. Delphinium

Papapver spp. Poppy

Convallaria majalis Lily of the Valley

Viola Tricolor Johnny-jump-up

Thymus serpyllum Mother of Thyme

Hemerocallis Daylilies

Heuchera spp. Coralbells

Phlox subulata Creeping phlox

Eremerus stenophyllus Foxtail Lily

Paeonia lactiflora Peonies

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