City-Wide Regulations

This part outlines general regulations that apply to all development in St. Albert.

3.1 Application

Sections 3.2 through 3.42 apply to all Districts under this Bylaw.

3.2 Conformance to Other Plans

1. The Development Authority Development Authority has the same meaning as set out in the MGA. may, with respect to any use:
   1. Require that a Development Permit Development Permit means the document issued by the Development Authority or by Council in a Direct Control District under this Bylaw or any previous Land Use Bylaw, and includes any plans or conditions of approval. comply with the policies of the Municipal Development Plan, an Area Structure Plan Area Structure Plan (ASP) means a statutory plan, as provided for in the MGA, which provides direction through policies on future development areas., an Area Redevelopment Plan Area Redevelopment Plan (ARP) means a statutory plan, in accordance with the MGA, which provides direction through policies on the redevelopment of existing areas., a Neighbourhood Plan Neighbourhood Plan (NP) means a non-statutory plan whose plan area must be located within an approved Area Structure Plan., or a Concept Plan.

3.3 Measurement of Building Height

1. The height of a building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  is the vertical distance measured from finished grade Finished Grade means the elevation of the ground upon placement of soil and sod above the rough grade, or as may be identified on plot plans. to the highest point of the building, as may be shown on a building elevation plan and building cross-section plan, as illustrated in Figure 3-1.
2. For the purposes of calculating building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  height, "finished grade" shall be measured using the lowest level of finished ground elevation adjoining a building at any exterior wall as shown on a site plan Site Plan means a detailed dimensional plan, at a reproducible scale, providing information and graphic depiction of all physical development relationships to occur on a site..
3. Notwithstanding section (1), the following are not considered part of the building for the purpose of measuring building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  height: elevator housing, mechanical housing, rooftop stairway entrance, ventilation fan, skylight, steeple, chimney, smokestack, parapet wall, flagpole, or similar feature not structurally essential to the building.
4. The following are considered part of the building for the purpose of measuring building height: solar collectors, signs Sign means an accessory device or structure erected or placed for the purpose of providing directions or information, and includes copy. This does not include a wall mural., roof-mounted telecommunication towers Telecommunication Tower means any tower used to provide communication services through the transmitting, receiving, or relaying of voice and data signals, including radio, cellular, broadcast, Personal Communication Services (PCS), or wireless data, such as cell phone towers and wireless internet towers. For the purposes of this Bylaw, this excludes radio antennas and satellite dishes., satellite dishes Satellite Dish means a parabolic device and its support structure, designed to receive or transmit frequencies transmitted by satellites., or radio antennas Radio Antenna means a device used for commercial fleet dispatch and ham (or hobby) radio antennas, and their support structures, designed to receive and transmit radio waves for limited commercial uses and non-commercial uses, including commercial fleet services or amateur radio operators..
5. A retaining wall Retaining Wall means a wall structure which supports and contains the ground on a site. shall not be used to create a finished grade Finished Grade means the elevation of the ground upon placement of soil and sod above the rough grade, or as may be identified on plot plans. that achieves a greater building height than would otherwise have been possible by the original grade or topography of the site.
6. If doubt arises concerning the measurement of the height of an irregular building, it shall be determined by the Development Authority by applying this Bylaw as closely as is possible in the circumstances of the case.

3.4 Measurement of Retaining Wall Height

1. The height of a retaining wall Retaining Wall means a wall structure which supports and contains the ground on a site. is the vertical distance measured from the finished grade Finished Grade means the elevation of the ground upon placement of soil and sod above the rough grade, or as may be identified on plot plans. to the highest point of the retaining wall.
2. For a tiered retaining wall installation, if the retaining walls are separated by a distance less than two times the height of the lower wall, as illustrated in Figure 3-2, the height of the retaining walls will be considered and measured as one wall.

3.5 Measuring Setbacks

1. A front yard building setback Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. is measured from the front property line Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space. of the lot and at right angles, or radially, to the building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway. .
2. A side yard building setback is measured from the side property line of the lot and at right angles, or radially, to the building.
3. A rear yard building setback is measured from the rear property line of the lot and at right angles, or radially, to the building.
4. For the purpose of measuring building setbacks, a setback shall be measured from the property line to the nearest point of a foundation wall. Architectural projections Architectural Projection means a building feature that is mounted on and/or extends from the surface of an exterior building wall or façade, typically above finished grade. Examples of architectural projections include balconies, bay windows, or cantilevered wall sections, not including eaves or chimneys. are excluded when measuring a building setback.
5. If doubt arises as to the required dimensions or building setbacks Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections., they shall be determined by the Development Authority by applying this Bylaw as closely as is possible in the circumstances of each case.

3.6 Determining Property Lines

1. The front property line Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space. of a lot Lot means: 1) A quarter section; 2) A river lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 3) A settlement lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 4) A part of a lot described in a certificate of title, if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision; 5) A part of a lot described in a certificate of title, if the boundaries of the part are described in a certificate of title by reference to a plan of subdivision. is:
   1. The property line that adjoins a public roadway Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway., other than a lane Lane means an alley as defined in the Traffic Safety Act, RSA 2000, c.T-6.; or
   2. In the LDR, SLR, LLR, or FBR Districts, on a corner lot Corner Lot means a lot located at the intersection of two or more public roadways, but not the intersection of a street and a rear lane, or a lot that has two public road frontages. for a dwelling (single-detached) Dwelling (Single-Detached) means a building comprised of one dwelling unit on a site separated by open space from any development on an adjoining site. This does not include a dwelling (manufactured home)., dwelling (semi-detached) Dwelling (Semi-Detached) means a single building containing two side-by-side dwelling units, each with its own title and direct connection to finished grade, and separated from each other by a party wall extending from foundation to roof, which is designed and constructed as two dwellings at the time of initial construction of the building. This use does not include dwelling (duplex)., dwelling (duplex) Dwelling (Duplex) means a single building on a single lot containing two dwelling units, each with a separate direct entrance from the exterior and one or more habitable rooms above finished grade. This use does not include dwelling (semi-detached)., dwelling (townhouse-plex) Dwelling (Townhouse-Plex) means a single building constructed in a low-density residential district, containing three to four dwelling units all on a lot, where each unit has a separate, direct entrance from the exterior to grade., or a dwelling (townhouse-single) Dwelling (Townhouse-Single) means a building comprised of three or more dwelling units, where each dwelling unit is on its own lot, and each unit has a separate, direct entrance from the exterior to grade., the shortest property line that adjoins a public roadway other than a lane; and
   3. In all other cases, a lot adjoining two or more public roadways other than a lane is considered to have a front property line adjoining each public roadway requiring compliance with the front yard requirements of the District in which the lot is located, notwithstanding that the lot is separated from the public roadway by a public utility Public Utility means a system or works used to provide one or more of the following for public consumption, benefit, convenience, or use:
      
      1. Water or steam; 2. Sewage disposal; 3. Telecommunications; 4. Irrigation; 5. Drainage; 6. Fuel; 7. Electric power; 8. Heat; 9. Waste management; or 10. Residential and commercial street lighting;
      
      and includes the thing that is provided for public consumption, benefit, convenience, or use. lot.
2. The rear property line of a lot is the property line opposite to the front property line.
3. The side property line of a lot is the property line that connects the front and rear property lines.
4. If doubt arises as to which is a front, rear, or side property line of a lot, the Development Authority shall determine the respective property line by applying this Bylaw as closely as is possible in the circumstances of each case.

3.7 Determining Yards

1. The front yard of a lot Lot means: 1) A quarter section; 2) A river lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 3) A settlement lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 4) A part of a lot described in a certificate of title, if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision; 5) A part of a lot described in a certificate of title, if the boundaries of the part are described in a certificate of title by reference to a plan of subdivision. is that part of a lot located between the side property lines Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space. of a lot in width and from the front property line of the lot to the nearest point of a foundation wall of any building on the lot in depth.
2. The rear yard of a lot is that part of a lot located between the side property lines of the lot in width and from the rear property line to the nearest point of a foundation wall of the principal building Principal Building means a building that accommodates the principal use of a lot or site. on the lot in depth.
3. The side yard of a lot is that part of a lot that is neither a front yard nor a rear yard, and is located between the side property line to the nearest point of a foundation wall of the principal building.
4. If two or more lots are consolidated, the Development Authority will determine the yards taking into consideration the surrounding existing development situated on adjacent lots. The Development Authority may request a site plan Site Plan means a detailed dimensional plan, at a reproducible scale, providing information and graphic depiction of all physical development relationships to occur on a site. depicting proposed yards in order to make the determination.
5. If doubt arises as to which is a front, rear, or side yard of a lot, the Development Authority shall determine the respective yard by applying this Bylaw as closely as is possible in the circumstances of each case.

3.8 Bare Land Condominium Unit

1. A bare land condominium unit Bare Land Condominium Unit means a bare land unit as defined in the Condominium Property Act, RSA 2000, c. C-22. shall comply with all the general regulations of this Bylaw and with the regulations applicable to the District within which the bare land condominium unit is located, as if the unit were a lot or site.
2. With the exception of common property lines on semi-detached or attached units, no building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  on a bare land condominium unit may encroach on any property line, utility easement, or right-of-way.
3. A bare land condominium unit Bare Land Condominium Unit means a bare land unit as defined in the Condominium Property Act, RSA 2000, c. C-22. plan shall be treated in all respects as though it were a plan of subdivision and shall comply with the requirements for a subdivision, including:
   1. Adequate pedestrian and vehicle access Access means an area that serves as the physical connection between a site and a public roadway.;
   2. Provision of supply of water, electrical power, gas, sanitary sewer, and storm drainage; and
   3. Sequencing and timing of the construction of all buildings and servicing.

3.9 Corner Lots - General

In the LDR, SLR, LLR, or FBR Districts, a lot is considered to be a corner lot, notwithstanding that the lot is separated from the public roadway Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway. along the side by a public utility Public Utility means a system or works used to provide one or more of the following for public consumption, benefit, convenience, or use:

1. Water or steam; 2. Sewage disposal; 3. Telecommunications; 4. Irrigation; 5. Drainage; 6. Fuel; 7. Electric power; 8. Heat; 9. Waste management; or 10. Residential and commercial street lighting;

and includes the thing that is provided for public consumption, benefit, convenience, or use. lot.

3.10 Corner Lots - Traffic Sight Lines

1. On a corner lot Corner Lot means a lot located at the intersection of two or more public roadways, but not the intersection of a street and a rear lane, or a lot that has two public road frontages., there shall be no development greater than 1.00 m 3.28 ft. in height, within the triangular area created by the property lines that form the corner and a straight line connecting the two points 6.00 m 19.65 ft. back along these property lines measured from their intersection, as illustrated in Figure 3-3.
   1. Notwithstanding section (1), a greater corner cut distance may be required by the Development Authority Development Authority has the same meaning as set out in the MGA., in consultation with Engineering Services.
2. If a corner cut has been applied, the area in section (1) shall be determined 6.00 m 19.65 ft. back from what would have been the intersection of property lines if the corner cut had not been taken.
3. In the DTN District, the triangular area shall be determined using a line 4.00 m 13.12 ft. back from the intersection, unless another distance is required by the Development Authority.
4. In the MU1 District, traffic sight lines may be reduced at the discretion of the Development Authority in consultation with Engineering Services, considering the safe functioning of public roadways Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway. and the provision of adequate vehicular sight lines.

3.11 Daycare Facility

1. A daycare facility Daycare Facility means a development used to provide care and supervision to seven or more children or adults. Typical development includes daycare centres, preschools, kindergartens, and adult support programs. that includes a playground shall provide a separate access to the playground area from the principal building Principal Building means a building that accommodates the principal use of a lot or site., and the playground area shall be enclosed by a fence Fence means a vertical physical barrier constructed to provide visual screening or to enclose a lot or site. at least 2.00 m 6.56 ft. in height from finished grade Finished Grade means the elevation of the ground upon placement of soil and sod above the rough grade, or as may be identified on plot plans., subject to section 3.84 ‘Fences (Non-Residential).’
2. At the discretion of the Development Authority, a daycare facility may be required to provide a drop-off area for the loading and unloading of patrons from vehicles so that the development does not interfere with the regular flow of on-site On-Site means a location on the site which is the subject of a development. or neighbouring traffic.

3.12 Design, Character, and Appearance of a Building

1. All exterior surfaces shall have a finished treatment.
2. The design, character, and appearance of a building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway. , including all accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. buildings and relocatable buildings Relocatable Building means a building that is designed to be relocated from site to site, but is not used for residential purposes., must be:
   1. Compatible with any other buildings existing on the site and in the vicinity; and
   2. Consistent with the purpose and regulations of the District in which the building is located.
3. The exterior finish of a building, including a dwelling (single-detached) Dwelling (Single-Detached) means a building comprised of one dwelling unit on a site separated by open space from any development on an adjoining site. This does not include a dwelling (manufactured home)., dwelling (semi-detached) Dwelling (Semi-Detached) means a single building containing two side-by-side dwelling units, each with its own title and direct connection to finished grade, and separated from each other by a party wall extending from foundation to roof, which is designed and constructed as two dwellings at the time of initial construction of the building. This use does not include dwelling (duplex)., dwelling (duplex) Dwelling (Duplex) means a single building on a single lot containing two dwelling units, each with a separate direct entrance from the exterior and one or more habitable rooms above finished grade. This use does not include dwelling (semi-detached)., dwelling (townhouse-plex) Dwelling (Townhouse-Plex) means a single building constructed in a low-density residential district, containing three to four dwelling units all on a lot, where each unit has a separate, direct entrance from the exterior to grade., dwelling (townhouse-single) Dwelling (Townhouse-Single) means a building comprised of three or more dwelling units, where each dwelling unit is on its own lot, and each unit has a separate, direct entrance from the exterior to grade., or an accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. building, must be completed within two years of the date the Development Permit is issued unless otherwise stipulated by the Development Permit.

3.13 Designated Flood Line

1. The designated flood line Designated Flood Line means the observed and calculated elevation for the 1:100-year flood elevation along the Sturgeon River, Big Lake, and Carrot Creek as indicated on the Land Use Map. is indicated on the maps in Schedule A.
2. The purpose of the designated flood line is to:
   1. Identify lands in the City that may be subject to flooding during a 1:100-year high-water event;
   2. Regulate development below the designated flood line;
   3. Confirm development is compatible and undertaken in accordance with the Municipal Engineering Standards;
   4. Not cause detrimental effects on the hydrological system of Carrot Creek, Big Lake, and the Sturgeon River, negatively impact water quality, or increase flood risk to downstream lands; and
   5. Ensure the development of Discretionary Uses identified in section (4)(a) can be undertaken in a safe manner.
3. The designated flood line Designated Flood Line means the observed and calculated elevation for the 1:100-year flood elevation along the Sturgeon River, Big Lake, and Carrot Creek as indicated on the Land Use Map. is the boundary of any filling of land.
4. Subject to section (4)(a), new buildings or substantial improvements are prohibited below the designated flood line. The following developments shall be the only Discretionary Uses below the designated flood line, shall be designed to meet or exceed the City’s Municipal Engineering Standards, and require the approval of the Development Authority in consultation with the City Engineer:
   1. Flood erosion-control measures, including berms Berm means an elongated mound of earth projecting above the adjoining average finished grade, designed to provide screening or noise attenuation within a development or between adjoining developments., dikes, and retaining walls Retaining Wall means a wall structure which supports and contains the ground on a site.;
      1. Stormwater management facility that meets the approval of the City Engineer;
      2. Public utility Public Utility means a system or works used to provide one or more of the following for public consumption, benefit, convenience, or use:
         
         1. Water or steam; 2. Sewage disposal; 3. Telecommunications; 4. Irrigation; 5. Drainage; 6. Fuel; 7. Electric power; 8. Heat; 9. Waste management; or 10. Residential and commercial street lighting;
         
         and includes the thing that is provided for public consumption, benefit, convenience, or use.;
      3. Bridge or public roadway Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway.;
      4. Campgrounds Campground means a development used to provide outdoor spaces to the public for temporary accommodation in tents or recreation vehicles. For the purposes of this definition, a recreation vehicle is considered to be an accessory building when utilized for the purpose of a dwelling for security and maintenance of the campground., excluding serviced campgrounds with permanent buildings;
      5. Pedestrian walkways, parks Park means land that is intended to be used by the public for active and passive recreation, or general enjoyment., and trails;
      6. Golf courses, excluding fairways, greens, or permanent buildings;
      7. Outdoor recreation service uses limited to picnic areas and boating facilities that meet the approval of the City Engineer;
      8. Fencing; and
      9. Non-intensive agriculture.
5. Regarding the Discretionary Uses in section (4)(a), the Development Authority may consider and require that a Development Permit for the development of land wholly or partially contained below the designated flood line Designated Flood Line means the observed and calculated elevation for the 1:100-year flood elevation along the Sturgeon River, Big Lake, and Carrot Creek as indicated on the Land Use Map. be subject to such conditions as are necessary to ensure that the development is consistent with the purpose of section (2) prior to the issuance of the Development Permit. When a Development Permit application is submitted to the Development Authority for the development of a lot Lot means: 1) A quarter section; 2) A river lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 3) A settlement lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 4) A part of a lot described in a certificate of title, if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision; 5) A part of a lot described in a certificate of title, if the boundaries of the part are described in a certificate of title by reference to a plan of subdivision. partially or wholly below the designated flood line, the Development Authority shall require the development to meet the following additional conditions:
   1. A new development that has the potential to disrupt the normal hydrological process within Carrot Creek, Big Lake, and/or the Sturgeon River must submit appropriate technical report(s) and stamped plans, certified by a registered Professional Engineer, indicating mitigations have been considered and incorporated into the design of the proposed development to minimize the risk of on-site On-Site means a location on the site which is the subject of a development. and off-site Off-Site means a location other than the site which is the subject of a development. flooding damage, to the satisfaction of the City Engineer and Alberta Environment and Protected Areas;
   2. A new development, including any excavation Excavation means any breaking of ground, but does not include landscaping of a use for which a Development Permit has been issued, agricultural cultivating, limited household gardening, or ground care., stripping Stripping means any activity that removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations. This does not include grading or excavation., or grading Grading means any land disturbance, removal, or fill, or any combination thereof, and shall include the conditions resulting from any land disturbance. This does not include excavation or stripping. below the designated flood line along these watercourses, shall be designed in consultation with and to the satisfaction of the City Engineer and Alberta Environment and Protected Areas;
   3. If required by the Development Authority in consultation with the City Engineer, the Applicant shall provide an emergency access plan prior to the issuance of a Development Permit; and
   4. The Development Authority may require that a Development Permit for the infilling of land below the designated flood line of Carrot Creek, Big Lake, and the Sturgeon River include appropriate technical report(s) and stamped plans, certified by a registered Professional Engineer, indicating mitigations have been considered and incorporated into the design of the proposed development to minimize the potential risk of on-site On-Site means a location on the site which is the subject of a development. and off-site Off-Site means a location other than the site which is the subject of a development. flood damage, to the satisfaction of the City Engineer and Alberta Environment and Protected Areas, prior to the issuance of a Development Permit.
6. A building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  which lawfully existed below the designated flood line Designated Flood Line means the observed and calculated elevation for the 1:100-year flood elevation along the Sturgeon River, Big Lake, and Carrot Creek as indicated on the Land Use Map. before August 15, 2011, but which is not in conformity with these provisions, may be continued subject to the conditions outlined in section 2.24 ‘Non Conforming Development’ and the MGA.
7. For a lot adjacent to the designated flood line or of which a portion lies below the designated flood line, prior to the issuance of a Development Permit, the Development Authority shall require that the Applicant submit:
   1. A set of stamped plans certified by a registered Professional Engineer or Architect, which confirms the requirements of section 3.13 have been incorporated in the design of the proposed development and identifies the freeboard elevation Freeboard Elevation means a specified elevation above which all building openings must be built. at 0.50 m 1.64 ft. above the designated flood line;
   2. Stamped plans shall be submitted, as provided for in the following requirements:
      1. The geodetic elevation of the proposed building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  or other development location, and the geodetic elevation of the lowest point of all openings to any proposed building; and
      2. A certificate from a registered Professional Engineer or Architect indicating that the following factors have been considered in the design of the building:
         1. The flood-proofing of habitable rooms, electrical panels, heating units, and operable windows;
         2. Basement Basement means the lowest floor level of a building, located wholly or partly below the finished grade. drainage; and
         3. Site drainage and, in the design for other development, the effect on the existing hydrological system, flood risk, and mitigation measures to minimize the risk of flood damage, on-site On-Site means a location on the site which is the subject of a development. and downstream, to existing development.
8. The Development Authority shall circulate a Development Permit application for a development located on a property adjacent to, or wholly or partially below the designated flood line, and adjustments to the designated flood line, along with any accompanying technical reports and stamped plans certified by a registered Professional Engineer to the City's Engineering Department for review and comment with respect to the suitability of the proposed development.
9. Notwithstanding sections (2) through (8), nothing in section 3.13 or on the maps in Schedule A modifies, overrides, or changes the land use districting as shown in Schedule A. The designated flood line regulations are in addition to the regulations of the underlying Land Use District. If there is a conflict between Schedule A and section 3.13 with a Land Use District, Schedule A and section 3.13 take precedence.
10. The designated flood line as outlined in the maps in Schedule A are presented for reference purposes only, have been generalized for presentation purposes, and are not guaranteed for accuracy. The Development Authority will rely on the information required under section (7) to determine the designated flood line on an individual property (inclusive of the 1:100 year flood line plus a 0.50 m 1.64 ft. factor of safety) except where, at the discretion of the Development Authority, the Applicant for a Development Permit provides appropriate technical information, certified and stamped by a registered Professional Engineer, that establishes the basis for an adjustment to the designated flood line.

3.14 Development on Properties Impacted by the Designated Flood Line

1. The Development Authority shall circulate a Development Permit Development Permit means the document issued by the Development Authority or by Council in a Direct Control District under this Bylaw or any previous Land Use Bylaw, and includes any plans or conditions of approval. application to Engineering Services for review and comment with respect to the suitability of the proposed development for a development located on a property that includes the designated flood line Designated Flood Line means the observed and calculated elevation for the 1:100-year flood elevation along the Sturgeon River, Big Lake, and Carrot Creek as indicated on the Land Use Map..
2. The Development Authority may require, on lots containing the designated flood line, that the development’s design, siting, landscaping Landscaping means preserving, enhancing, or incorporating vegetative and other materials in a development, and includes combining new or existing vegetative materials with architectural elements, existing site features, or other development features – including fences or walls., screening, and buffering minimize and compensate for any objectionable and potential incompatibility with natural areas Natural Area means land or water, identified as environmentally sensitive, that requires protection and stewardship. Examples include wetlands, watercourses, ravines, forests, meadows, grasslands, and riparian areas., waterways, wildlife habitat areas, and environmentally sensitive areas.
3. When required by the Development Authority, a Development Permit application shall be accompanied by an assessment of the environmental impact of the proposed development on the existing land uses, geology, soils, vegetation, fauna, wildlife habitat, water, and air.
4. All proposed developments below the 1:100 designated flood line shall comply with section 3.13 ‘Designated Flood Line.’

3.15 Drive-Through

1. A drive-through Drive-through means part of a development designed to serve customers remaining in their vehicles. shall be located:
   1. At the intersection of two or more public roadways, not including a lane;
   2. Between intersections, if there is an adjoining service road or a centre dividing strip on the adjacent public roadway;
   3. Adjacent to a roadway interchange; or
   4. In a shopping centre Shopping Centre means a development comprised of three or more separate commercial or mixed-use buildings that operate as a unit and share a common parking area. where, in the opinion of the Development Authority, the traffic associated with the drive-through Drive-through means part of a development designed to serve customers remaining in their vehicles., combined with other traffic, will not adversely affect public roadways Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway. or the internal traffic circulation for the shopping centre.
2. The minimum setback Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. for a drive-through Drive-through means part of a development designed to serve customers remaining in their vehicles. aisle is:
   1. 3.50 m 11.48 ft. from any property line Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space., or boundary of the site; or
   2. 10.00 m 32.81 ft. from any part of the building used for the drive-through to the nearest residential lot; or
   3. Such greater distance as required by the Development Authority to buffer the adjacent Residential District or use from noise, traffic, or other impacts of the drive-through.
3. In addition to any other landscaping Landscaping means preserving, enhancing, or incorporating vegetative and other materials in a development, and includes combining new or existing vegetative materials with architectural elements, existing site features, or other development features – including fences or walls. regulations under this Bylaw (sections 3.97 through 3.102):
   1. A berm Berm means an elongated mound of earth projecting above the adjoining average finished grade, designed to provide screening or noise attenuation within a development or between adjoining developments. or screening Screening means the concealment of a development by a fence, wall, berm, landscaping, or combination thereof. Such screening is intended to mitigate any visual nuisance of the development. of at least 1.00 m 3.28 ft. high, shall be erected and maintained around the perimeter of a drive-through Drive-through means part of a development designed to serve customers remaining in their vehicles., unless the drive-through is located within a shopping centre Shopping Centre means a development comprised of three or more separate commercial or mixed-use buildings that operate as a unit and share a common parking area., or where, in the opinion of the Development Authority, a berm or screening is not required; and
   2. A berm Berm means an elongated mound of earth projecting above the adjoining average finished grade, designed to provide screening or noise attenuation within a development or between adjoining developments. of a height to be determined by the Development Authority, taking site conditions into account, and a fence Fence means a vertical physical barrier constructed to provide visual screening or to enclose a lot or site. or wall of at least 1.00 m 3.28 ft. in height and located on top of or along-side the berm, shall be erected and maintained to separate the drive-through from any adjacent Residential District.

3.16 Easements and Encroachments

1. Notwithstanding that a development otherwise complies with this Bylaw, a Development Permit shall not be issued for a development that encroaches into or over:
   1. A utility easement or right-of-way, without the written consent of the owner of the easement or right-of-way and the person whose utility line is found in the easement or right-of-way;
   2. A public utility Public Utility means a system or works used to provide one or more of the following for public consumption, benefit, convenience, or use:
      
      1. Water or steam; 2. Sewage disposal; 3. Telecommunications; 4. Irrigation; 5. Drainage; 6. Fuel; 7. Electric power; 8. Heat; 9. Waste management; or 10. Residential and commercial street lighting;
      
      and includes the thing that is provided for public consumption, benefit, convenience, or use. lot, without the written consent of the owner; and
   3. Municipally owned land, without the written consent of the owner.

3.17 Garbage and Recycling Storage

1. This section applies to the MDR, HDR, Commercial, Industrial, Mixed-Use, and Special Districts.
2. Garbage and recycling storage must be located in:
   1. A storage bay within or attached to the principal building Principal Building means a building that accommodates the principal use of a lot or site.,
   2. A freestanding enclosure, comprised of solid fencing or walls that match or complement the materials of the principal building, to the satisfaction of the Development Authority; or
   3. An in-ground waste-bin system.
3. Garbage and recycling storage must not encroach into a required landscape area.
4. The minimum setback Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. for a garbage and recycling storage area is 3.00 m 9.84 ft. from any property line Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space. that abuts a public right-of-way, Residential District, residential use, natural area Natural Area means land or water, identified as environmentally sensitive, that requires protection and stewardship. Examples include wetlands, watercourses, ravines, forests, meadows, grasslands, and riparian areas., or park Park means land that is intended to be used by the public for active and passive recreation, or general enjoyment..

3.18 High-Rise Building Design

1. A building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  greater than 35.00 m 114.83 ft. in height shall:
   1. Be designed in a tower and podium format;
   2. Be designed, oriented, and constructed to maximize views, articulate the skyline, and allow sunlight penetration at the street level, and in public spaces, plazas, parks Park means land that is intended to be used by the public for active and passive recreation, or general enjoyment., and amenity areas Amenity Area means any portion of a development site intended for active or passive recreation, including landscaped areas, patios, and balconies.;
   3. Provide a minimum 7.50 m 24.60 ft. high podium, but no podium shall exceed 15.00 m 49.21 ft. in height;
   4. Provide a minimum step-back Step-Back means a horizontal recess to a building façade from the vertical façade immediately below it. from the podium of 6.00 m 19.65 ft., as measured from the building face of the lower storeys Storey means the space between the top of any floor above finished grade, and the top of the next floor above it and, if there is no floor above it, the part between the top of the floor and the ceiling above it. The bottom storey of a building located at street level is commonly referred to as the ground storey. For the purposes of calculating a storey, walkout basements are not included. when the side or rear property line of the site is adjacent to an LDR, SLR, LLR, or FBR District;
   5. Provide a minimum step-back Step-Back means a horizontal recess to a building façade from the vertical façade immediately below it. from the podium of 3.00 m 9.84 ft., as measured from the front building face of the lower storeys when the site is adjacent to any other District;
   6. Provide a minimum step-back from the podium of 3.00 m 9.84 ft., as measured from the front building face of the lower storeys when facing a public roadway Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway., excluding a lane Lane means an alley as defined in the Traffic Safety Act, RSA 2000, c.T-6.;
   7. Have a maximum tower floor plate not exceeding 750.00 m² 8,072.93 sq. ft..
2. Notwithstanding section (1)(g), in no case shall the tower floor plate exceed 80% of the podium floor plate.
3. There must be a minimum separation distance of 25.00 m 82.02 ft. between towers. The separation distance is applicable to towers located on the same lot or an adjacent lot.
   1. Notwithstanding section (3), the Development Authority may, at its discretion, determine the required tower separation, based on any recommendations or mitigative measures specified in a technical study prepared by an Architect or Professional Engineer.
4. Additional step-backs Step-Back means a horizontal recess to a building façade from the vertical façade immediately below it. may be required at higher storeys Storey means the space between the top of any floor above finished grade, and the top of the next floor above it and, if there is no floor above it, the part between the top of the floor and the ceiling above it. The bottom storey of a building located at street level is commonly referred to as the ground storey. For the purposes of calculating a storey, walkout basements are not included. for the building, if, in the opinion of the Development Authority, it is necessary to mitigate the building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  scale, or wind, sun, or shadow impacts.

3.19 Live/Work Unit

1. A live/work unit Live/Work Unit means a unit designed to be used concurrently as a dwelling unit and as a commercial use. shall comply with the density provisions or floor area ratio requirements of the underlying District.
2. All live/work units should maintain a commercial component which must comply with the following:
   1. The floor area devoted to the commercial component should not exceed 50% of the unit; and
   2. The commercial component shall be:
      1. Located at-grade Grade means either rough grade or finished grade, depending on the application context.; and
      2. Have a public entry oriented to, and directly accessible from, a public roadway Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway., other than a lane Lane means an alley as defined in the Traffic Safety Act, RSA 2000, c.T-6. or an undeveloped registered road plan.
3. Commercial component uses shall be limited to those uses allowed as a Permitted Use or Discretionary Use in the applicable District, and shall be subject to a separate Development Permit application.
4. There shall be direct access between the residential and commercial components of the live/work unit Live/Work Unit means a unit designed to be used concurrently as a dwelling unit and as a commercial use..
   1. Notwithstanding section (4), the residential component shall be separated from the commercial component by a wall, ceiling, door, or other means of separation meeting the requirements of the building code Building Code means the National Building Code - Alberta Edition..
5. Materials, commodities, or finished products associated with the commercial use shall not be stored:
   1. Outside of the unit; or
   2. In a parking stall, including a garage Garage means a building that is intended to provide parking for vehicles, is enclosed on all sides, and may either be attached to or detached from the principal building., required to meet minimum parking Parking means leaving a vehicle temporarily on a lot or site. requirements in Part 4: Parking.
6. A maximum of two non-resident employees or business partners may work in the unit, and a minimum of one employee or business partner must live in the unit.

3.20 Livestock

Developments involving livestock Livestock includes horses, cattle, pigs, sheep, goats, llamas, ostriches, bison, roosters, turkeys, ducks, geese, fowl, foxes, mink, skunks, insects, and all other animals; whether of a domestic nature or wild; but does not include hens that are kept pursuant to a valid and subsisting Hen Licence issued under the Hen Bylaw, or bees that are kept pursuant to a valid and subsisting Urban Beekeeping License issued under the Urban Beekeeping Bylaw. This does not include a domestic pet. are prohibited, except as part of an agricultural use within the FUD or TRN Districts, and shall only be allowed in accordance with the relevant municipal Bylaws.

3.21 Lot Coverage

1. Lot coverage Lot Coverage means the percentage of the lot area covered by buildings. includes the area covered by the principal building Principal Building means a building that accommodates the principal use of a lot or site. and accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. buildings, but excludes the areas covered by a vehicle access Access means an area that serves as the physical connection between a site and a public roadway. or a parking lot Parking Lot means a development which provides for the access, maneuvering, and parking of vehicles..
   1. Notwithstanding section (1), in a Residential District Residential District includes the LDR, SLR, LLR, FBR, MDR, HDR, MID (areas A and B), and ICC (Area A) Districts., lot coverage shall include the area of the principal building and accessory buildings including, gazebos, sheds Shed means an accessory building used for the storage of gardening or household equipment, materials, and tools in a residential development, and includes a storage shed., attached or detached garages Garage means a building that is intended to provide parking for vehicles, is enclosed on all sides, and may either be attached to or detached from the principal building. and carports Carport means a structure, with a minimum 40% of its perimeter open and unobstructed, used to provide overhead shelter for a vehicle., deck (covered) Deck (Covered) means a deck that has a roof over it and has more than 50% of its perimeter open to the outside., deck (enclosed) Deck (Enclosed) means a deck that has a roof over it and has less than 50% of its perimeter open to the outside., verandas; secondary suite (garage) Secondary Suite (Garage) means an accessory secondary dwelling unit located above a detached garage and having an entrance separate from the vehicle entrance to the garage. A secondary suite (garage) is only allowed in conjunction with a dwelling (single detached), dwelling (semi-detached), or dwelling (duplex). This use does not include a secondary suite (internal) or secondary suite (garden).; or a secondary suite (garden) Secondary Suite (Garden) means a single-storey, accessory, secondary dwelling unit that is located in a building separate from the principal dwelling. A secondary suite (garden) is only allowed in conjunction with a dwelling (single-detached), dwelling (semi-detached), or dwelling (duplex). This use does not include a secondary suite (internal) or a secondary suite (garage)..

3.22 Mechanical Equipment

1. The location of mechanical equipment, exhaust fans, and other potential sources of noise and smells must be oriented to reduce adverse effects on surrounding properties and communal amenity areas Amenity Area means any portion of a development site intended for active or passive recreation, including landscaped areas, patios, and balconies..
2. All mechanical equipment must be visually and acoustically screened or incorporated in the building.

3.23 Mixed-Use Building with Residential Use

1. When a mixed-use building Mixed-Use Building means the development of a building with a variety of complementary and integrated uses, which includes a residential component and a non-residential component, in a compact, urban form. The non-residential component may include office, retail, government service, restaurant, or entertainment in a compact urban form. contains a residential use Residential Use means congregate living (level one), congregate living (level two), dwelling (apartment), dwelling (duplex), dwelling (manufactured home), dwelling (secondary), dwelling (semi-detached), dwelling (single detached), dwelling (townhouse - complex), dwelling (townhouse - plex), dwelling (townhouse - single), dwelling unit above a non-residential use, group home, secondary suite (garage), secondary suite (garden), secondary suite (internal), supportive living accommodation, or townhousing., the residential development must:
   1. Not be located below any storey Storey means the space between the top of any floor above finished grade, and the top of the next floor above it and, if there is no floor above it, the part between the top of the floor and the ceiling above it. The bottom storey of a building located at street level is commonly referred to as the ground storey. For the purposes of calculating a storey, walkout basements are not included. used for non-residential purposes;
   2. Have an entrance separate from the entrance to any non-residential component of the building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway. ; and
   3. Provide:
      1. An amenity area (common) Amenity Area (Common) means any portion of a development intended for active or passive recreation that is designed for the common usage of the owners and residents within a development. These areas may include one or more of the following: plazas, courtyards, recreation areas, swimming pools, tennis courts, bike storage rooms, common gathering rooms, gardens, private parks, and open spaces, including elements such as street furnishings, hard-surfacing, plantings, and architectural features that create a strong sense of communal gathering space. in accordance with section 3.46; and
      2. An amenity area (private) Amenity Area (Private) means a balcony, patio, deck, or other similar structure which is attached to and has a private entrance from the interior of a dwelling unit. in accordance with section 3.47.

3.24 Outdoor Lighting

1. Notwithstanding any other provision within this Bylaw, outdoor lighting must be located and arranged so that:
   1. Rays of light are not directed at an adjacent site Adjacent Site means a site that is contiguous to a site which includes land that would be contiguous if not for a public roadway, public utility lot, public utility right-of-way, railway right-of-way, river, stream, or sidewalk., and indirect rays of light do not adversely affect an adjacent site; and
   2. Traffic safety is not adversely affected.
2. For a non-residential use, a dwelling (apartment) Dwelling (Apartment) means a building containing three or more principal dwelling units with a common entrance from the exterior., a dwelling unit above a non-residential use Dwelling Unit Above a Non-Residential Use means a dwelling unit, located in a mixed-use building, which is located above any non-residential use., or a dwelling (townhouse-complex) Dwelling (Townhouse-Complex) means a development comprised of one or more buildings, each containing three or more dwelling units, all on a lot, where each unit has a separate, direct entrance from the exterior to grade.  No dwelling (townhouse-complex) shall have less than five dwelling units total. This use may also include stacked townhousing, or a development of a mixed form, including townhousing incorporated with a dwelling (apartment) or dwelling unit above a non-residential use.  , all on-site parking lots Parking Lot means a development which provides for the access, maneuvering, and parking of vehicles., exterior pedestrian walkways, and rear, front, and side yards must be illuminated.
3. For a non-residential use, a dwelling (apartment) Dwelling (Apartment) means a building containing three or more principal dwelling units with a common entrance from the exterior., or a dwelling unit above a non-residential use Dwelling Unit Above a Non-Residential Use means a dwelling unit, located in a mixed-use building, which is located above any non-residential use., buildings are encouraged to incorporate exterior and decorative lighting to enhance building architecture, landscaping elements, and focal points.
4. Full cut-off light fixtures shall be installed for all exterior lighting.
   1. Notwithstanding section (4), at the discretion of the Development Authority, outdoor lighting used to illuminate architectural features, monuments, or public art, may emit light above the horizontal plane, so long as it is directed at such features.
   2. Notwithstanding section (4), dwelling (single-detached) Dwelling (Single-Detached) means a building comprised of one dwelling unit on a site separated by open space from any development on an adjoining site. This does not include a dwelling (manufactured home)., dwelling (semi-detached) Dwelling (Semi-Detached) means a single building containing two side-by-side dwelling units, each with its own title and direct connection to finished grade, and separated from each other by a party wall extending from foundation to roof, which is designed and constructed as two dwellings at the time of initial construction of the building. This use does not include dwelling (duplex)., dwelling (duplex) Dwelling (Duplex) means a single building on a single lot containing two dwelling units, each with a separate direct entrance from the exterior and one or more habitable rooms above finished grade. This use does not include dwelling (semi-detached)., dwelling (townhouse-single) Dwelling (Townhouse-Single) means a building comprised of three or more dwelling units, where each dwelling unit is on its own lot, and each unit has a separate, direct entrance from the exterior to grade., and dwelling (townhouse-plex) Dwelling (Townhouse-Plex) means a single building constructed in a low-density residential district, containing three to four dwelling units all on a lot, where each unit has a separate, direct entrance from the exterior to grade. are not required to provide full cut-off light fixtures Full Cut-Off Light Fixture means a fixture that directs light down towards the ground and does not emit any light above the horizontal plane. These fixtures reduce light pollution and are dark-sky friendly..

3.25 Overhead Weather Protection

1. Overhead weather protection is encouraged along building frontages Building Frontage means a wall or façade on the exterior of a building which faces a public roadway, other than a lane. with commercial or institutional uses at grade Grade means either rough grade or finished grade, depending on the application context., and at primary residential entrances for a dwelling (apartment) Dwelling (Apartment) means a building containing three or more principal dwelling units with a common entrance from the exterior., a dwelling unit above a non-residential use Dwelling Unit Above a Non-Residential Use means a dwelling unit, located in a mixed-use building, which is located above any non-residential use., and supportive living accommodation Supportive Living Accommodation means a development, in a multiple-dwelling or sleeping-unit form, that provides residents with access to on-site professional care and daily living support, and is recognized, authorized, licensed, or certified by a public authority. (over 13.00 m 42.65 ft. in height).
2. Overhead weather protection shall be of a method suitable to the architectural style and function of the building, and may take the following forms:
   1. A continuous awning Awning means a detachable, roof-like structure, covered by fabric or other flexible material, supported from a building by a fixed or retractable frame, without a supporting structure. or canopy (attached) Canopy (Attached) means a fixed structure that provides overhead shelter comprised of a roof and supporting structure that are attached to and extend from a building, and may include a theatre marquee.;
   2. A continuous building recess Building Recess means a recessed area at finished grade that is created by an overhanging upper part of a building at the building frontage or by setting a portion of a building back from the front property line. or arcade; or
   3. A combination of the above, at the discretion of the Development Authority.
3. Overhead weather protection shall have a sloping profile or be designed so as to provide effective shedding of rain, facilitate self-cleaning by rain and wind, and minimize snow-loading.
4. Notwithstanding any other regulation in this Bylaw, overhead weather protection shall be at a height and depth to provide sufficient protection for pedestrians.
5. If a building frontage Building Frontage means a wall or façade on the exterior of a building which faces a public roadway, other than a lane. is on an inclined grade Grade means either rough grade or finished grade, depending on the application context., the design of the overhead weather protection must be stepped or inclined to follow the grade.

3.26 Panhandle Lot

1. Notwithstanding any other regulation in this Bylaw, the panhandle Panhandle Lot means a lot which is serviced and gains frontage through the use of a narrow strip of land, which is an integral part of the lot. portion of the lot shall have a minimum width of 10.00 m 32.81 ft., as shown on Figure 3-4.
2. Notwithstanding any other regulation in this Bylaw, the panhandle portion of the lot shall have a maximum depth of 100.00 m 328.08 ft., as shown on Figure 3-4.
3. No panhandle portion of any lot may be adjacent to another panhandle portion of a lot at the public roadway Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway. line.
4. Notwithstanding any other regulation in this Bylaw, the panhandle portion of the lot shall not be used to calculate lot frontage Lot Frontage means the width of a lot or site at the front property line adjoining a public roadway., lot area Lot Area means the area of a lot, including any area dedicated to an easement or a right-of-way, as shown on a plan of subdivision or described in a copy of a certificate of title., lot coverage Lot Coverage means the percentage of the lot area covered by buildings., or building setbacks Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections..

3.27 Pedestrian Walkway Access

1. All developments, excluding those located in the LDR, SLR, LLR, or the FBR Districts, must provide on-site On-Site means a location on the site which is the subject of a development. pedestrian walkways.
2. Pedestrian walkways:
   1. Shall connect on-site On-Site means a location on the site which is the subject of a development. uses to each other and to the public right-of-way adjoining the development in a safe and convenient manner through the use of dedicated sidewalks, pathways, and walking routes;
   2. Shall coordinate the alignment and connection of on-site sidewalks, pathways, and walking routes to other existing or planned off-site pedestrian sidewalks, pathways, walking routes, transit stops, amenity areas Amenity Area means any portion of a development site intended for active or passive recreation, including landscaped areas, patios, and balconies., and adjacent sites Adjacent Site means a site that is contiguous to a site which includes land that would be contiguous if not for a public roadway, public utility lot, public utility right-of-way, railway right-of-way, river, stream, or sidewalk.;
   3. Shall be at least 1.50 m 4.92 ft. wide;
   4. Shall be raised a minimum of 0.15 m 0.49 ft. from the roadway surface, except where they cross a private roadway or parking lot Parking Lot means a development which provides for the access, maneuvering, and parking of vehicles.;
   5. Shall include landscaping Landscaping means preserving, enhancing, or incorporating vegetative and other materials in a development, and includes combining new or existing vegetative materials with architectural elements, existing site features, or other development features – including fences or walls. improvements or fixtures to separate users from adjoining private roadways and public roadways Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway.;
   6. May be raised or ramped when traversing a public roadway; and
   7. Crosswalks shall be delineated with coloured concrete or painted lines.

3.28 Prefabricated Trailer

A Development Permit for a prefabricated trailer to be used temporarily for a residential sales centre Residential Sales Centre means a dwelling unit or temporary building used to exhibit dwelling units for sale, rent, or raffle. Typical uses include show or raffle homes., recreation (outdoor) Recreation (Outdoor) means a development used for outdoor sports or recreation. Typical development includes a picnic area, playground, pedestrian and bicycle trail, boating facility, swimming pool, spray park, golf course, athletic field, rink, or court., or public assembly use may be granted at the discretion of the Development Authority for a period specified in the Development Permit.

3.29 Prohibited Uses

1. The following are prohibited in all Districts:
   1. Automotive wrecker Automotive Wrecker means a development used for the storing, junking, dismantling, sale, or wrecking of three or more vehicles, not in running condition, or parts of them. Typical development includes a salvage yard or automotive recycler.;
   2. Boarding house Boarding House means a development located within a dwelling unit or any part thereof to provide more than 10 individuals with shared access to any of the following on a fee-for-service basis: 1) Washroom facilities; 2) Sleeping accommodations; and 3) Cooking or eating facilities. Typical Development includes rooming houses, but does not include a bed and breakfast, congregate housing (level one), congregate housing (level two), or short-term rental.;
   3. Digital mining Digital Mining means the use of computer systems and associated infrastructure, and components for the digital transactions required for processing data. This includes, but is not limited to, digital currency processing, non-fungible tokens, and blockchain transactions.; and
   4. Industrial (level four) Industrial (Level Four) means a development where any actual or potential nuisance factor generated by the development will extend beyond the boundaries of the site, and may have an impact on the safety, use, amenity, and enjoyment of adjacent sites. This use may consume large quantities of land or require a high level of servicing capacity. This use may include the removal and extraction of raw materials, refineries, upgraders, or animal rendering..
2. Notwithstanding any other provision in this Bylaw, the following uses, unless specifically listed as a Permitted Use or Discretionary Use in the District where the site is located, are prohibited as accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. uses to any other use:
   1. Agriculture (intensive) Agriculture (Intensive) means a development used for the raising of livestock under confined conditions in pens or buildings. Typical development includes a hatchery, feedlot, poultry operation, hog barn, piggery, or insect farm.;
   2. Animal service Animal Service means a development primarily located within an enclosed building used for the accommodation, boarding, breeding, impoundment, training, and sale of a domestic pet, not including agriculture (intensive), animal grooming, or animal health.;
   3. Automotive (service) Automotive (Service) means a development used for the service and repair of a vehicle, recreation vehicle, or recreation equipment or their components. Typical development includes automotive painting, collision repair, and service shops, not including automotive (specialty) or heavy vehicle and equipment (sales and service).;
   4. Bulk fuel sales depot Bulk Fuel Sales Depot means a development used for the bulk storage, distribution, and sale of petroleum products, and may include card lock sales.;
   5. Bulk oil and chemical storage Bulk Oil and Chemical Storage means a development where refined or crude oil, or liquid or solid chemicals, are stored outdoors. Typical uses include tank farms.;
   6. Cannabis production and distribution facility Cannabis Production and Distribution Facility means a development where federally approved medical or non-medical (recreational) cannabis plants are grown, processed, packaged, tested, destroyed, stored, or loaded for distribution – with a plant canopy area of equal to or greater than 200.00 m² (2,152.78 sq. ft.) – that meets all federal or provincial requirements and all requirements of this Bylaw. This may include a portion of the facility, as an accessory to the principal production and distribution use, to be used for the retail sale of cannabis. This does not include retail (cannabis).;
   7. Cannabis production and distribution facility (micro) Cannabis Production and Distribution Facility (Micro) means a development where federally approved medical or non-medical (recreational) cannabis plants are grown, processed, packaged, tested, destroyed, stored, or loaded for distribution – with a plant canopy area of less than 200.00 m² (2,152.78 sq. ft.) – or as otherwise defined by the Federal Cannabis Regulations SOR/2018-144. This may include a portion of the facility, as an accessory to the principal production and distribution use, to be used for the retail sale of cannabis. This does not include retail (cannabis).;
   8. Crematorium Crematorium means a development with one or more chambers used for the reduction of the deceased. This use does not include a cemetery or a funeral home.;
   9. Daycare facility Daycare Facility means a development used to provide care and supervision to seven or more children or adults. Typical development includes daycare centres, preschools, kindergartens, and adult support programs.;
   10. Drive-through Drive-through means part of a development designed to serve customers remaining in their vehicles.;
   11. Establishment (adult) Establishment (Adult) means a development of:
       
       a. adult theatres or erotic dance clubs, which are any premises wherein live performances, motion pictures, video tapes, digital video discs, slides or similar electronic photographic reproductions, the main feature of which is the nudity or partial nudity of any person, are performed, shown, or conducted on the premises; or
       
       b. massage service establishment (for adult use only) that is distinguished or characterized by its emphasis on, or the provision of services, which are sexually explicit in nature.;
   12. Establishment (gaming) Establishment (Gaming) means a development that provides patrons the opportunity to engage in games of chance and skill. Typical development includes a racetrack with a betting facility (either on-site or off-site), a casino, and a bingo hall.;
   13. Fleet service Fleet Service means a development from which three or more vehicles are operated for the transportation of passengers or goods.;
   14. Funeral home Funeral Home means a development used for the arrangement of funerals or holding of funeral services, and may include the preparation of the deceased for burial or cremation. This use does not include a religious assembly.;
   15. Group home Group Home means a development consisting of the use of a residential dwelling for care and supervision of occupants. A group home is intended to provide room and board for occupants requiring specialized or personal care, guidance, or supervision. The residential character of the development shall be primary, with the occupants living together as a single housekeeping group, and using cooking facilities shared in common. This does not include transitional accommodation.;
   16. Health service Health Service means a development used for the provision of physical and mental out-patient health care, and social or counselling services. Services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counselling nature. Typical development includes medical and dental offices, health and physiotherapy clinics, or massage therapy clinics.;
   17. Hospital Hospital means an institutional development used to provide inpatient and outpatient health care to the public, which is recognized, authorized, licensed, or certified by a public authority. Typical development includes a provincial health care facility, a community health centre, a hospital, palliative care, long-term care, an auxiliary hospital, a mental health facility, detoxification, or addictions treatment.;
   18. Hotel Hotel means a commercial development used to provide temporary sleeping accommodation to the public, and which may also contain a restaurant, drinking establishment, or conference and banquet facility. Typical development includes a hotel, hostel, or motel.;
   19. Industrial (level one) Industrial (Level One) means a development where any actual or potential nuisance factor generated by the development is contained within an enclosed building, which may include manufacturing, product testing, and warehousing. This use does not include bulk oil and chemical storage or chemical processing.;
   20. Industrial (level two) Industrial (Level Two) means a development where any actual or potential nuisance factor generated by the development is contained within the boundaries of the site, which may include processing of raw (transported to the site), semi, or finished material; assembling goods; cleaning, servicing, and repairing of goods and equipment; product testing, warehousing and distribution; and training of personnel in general industrial operations. This use does not include the removal and extraction of raw materials, automotive wreckers, or chemical processing.;
   21. Industrial (level three) Industrial (Level Three) means a development where any actual or potential nuisance factor generated by the development may extend beyond the boundaries of the site, and may have an impact on the land and neighbouring lots. This use shall not require a high level of servicing capacity. This use does not include the removal and extraction of raw materials, refineries, upgraders, animal rendering, or automotive wreckers.;
   22. Industrial (level four) Industrial (Level Four) means a development where any actual or potential nuisance factor generated by the development will extend beyond the boundaries of the site, and may have an impact on the safety, use, amenity, and enjoyment of adjacent sites. This use may consume large quantities of land or require a high level of servicing capacity. This use may include the removal and extraction of raw materials, refineries, upgraders, or animal rendering.;
   23. School (commercial) School (Commercial) means a commercial development used for training and instruction in a trade, skill, or service. Typical development includes trade, secretarial, business, hairdressing, driver training, music, or academic tutoring schools, not including school (elementary or secondary) or school (post-secondary).;
   24. School (elementary or secondary) School (Elementary or Secondary) means a development used for public or private elementary or secondary education, or both, and includes its administrative offices on the same site. This use does not include school (post-secondary), school (commercial), or daycare facility.;
   25. School (post-secondary) School (Post-Secondary) means a development offering public or private education or instruction to individuals beyond a secondary school. Typical development includes colleges and universities, not including school (commercial).;
   26. Storage facility (recreation vehicle and equipment) Storage Facility (Recreation Vehicle and Equipment) means a development where the primary use is the storage of unoccupied recreation vehicles or recreation equipment.;
   27. Supportive living accommodation Supportive Living Accommodation means a development, in a multiple-dwelling or sleeping-unit form, that provides residents with access to on-site professional care and daily living support, and is recognized, authorized, licensed, or certified by a public authority.; and
   28. Transitional accommodation Transitional Accommodation means a development, in a multiple-dwelling or sleeping-unit form, that provides residents with temporary accommodation and access to individualized programs and services. This does not include group homes..
3. Unless otherwise stated, no person shall use or permit to be used an accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. building for human occupancy.
   1. Notwithstanding section (3), in the ICS, IND, or PRK Districts, or for a lot Lot means: 1) A quarter section; 2) A river lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 3) A settlement lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 4) A part of a lot described in a certificate of title, if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision; 5) A part of a lot described in a certificate of title, if the boundaries of the part are described in a certificate of title by reference to a plan of subdivision. containing a campground Campground means a development used to provide outdoor spaces to the public for temporary accommodation in tents or recreation vehicles. For the purposes of this definition, a recreation vehicle is considered to be an accessory building when utilized for the purpose of a dwelling for security and maintenance of the campground., the Development Authority may approve a surveillance suite Surveillance Suite means a dwelling unit or sleeping unit that is accessory to the principal use and which is used solely to accommodate a person or persons whose function is to provide surveillance, maintenance, and security of the principal use. (section 3.96), provided that such use complies with all applicable building code Building Code means the National Building Code - Alberta Edition. and health standards.

3.30 Radio Antenna

1. Notwithstanding any other provision in this bylaw, and subject to the requirements of the ‘Canadian Radio-television and Telecommunications Commission':
   1. In a Residential District Residential District includes the LDR, SLR, LLR, FBR, MDR, HDR, MID (areas A and B), and ICC (Area A) Districts.:
      1. Only two radio antennas Radio Antenna means a device used for commercial fleet dispatch and ham (or hobby) radio antennas, and their support structures, designed to receive and transmit radio waves for limited commercial uses and non-commercial uses, including commercial fleet services or amateur radio operators. may be attached to or located on a principal building Principal Building means a building that accommodates the principal use of a lot or site. on a lot;
      2. Only one radio antenna may be freestanding on a lot;
      3. A radio antenna must not be:
         1. Located in a front yard;
         2. Located less than 1.50 m 4.92 ft. from side and rear property lines Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space.;
         3. More than 12.00 m 39.37 ft. in height above finished grade Finished Grade means the elevation of the ground upon placement of soil and sod above the rough grade, or as may be identified on plot plans. when freestanding; and
         4. Used for commercial purposes.
   2. In a Non-Residential District Non-Residential District includes a Commercial District, Industrial District, Special District, and any non-residential component of a Mixed-Use District.:
      1. A radio antenna Radio Antenna means a device used for commercial fleet dispatch and ham (or hobby) radio antennas, and their support structures, designed to receive and transmit radio waves for limited commercial uses and non-commercial uses, including commercial fleet services or amateur radio operators. shall be considered accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. development; and
      2. The number of radio antennas shall be at the discretion of the Development Authority.
   3. No radio antenna Radio Antenna means a device used for commercial fleet dispatch and ham (or hobby) radio antennas, and their support structures, designed to receive and transmit radio waves for limited commercial uses and non-commercial uses, including commercial fleet services or amateur radio operators. shall exceed the maximum building height allowed in a District.

3.31 Railway Right-Of-Way

1. Any proposed sensitive land use Sensitive Land Use means buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times may experience one or more adverse effects from operational emissions generated by a nearby rail facility. Examples may include dwelling units, daycare facilities, school (elementary or secondary), school (post-secondary), hospital, provincial health care facility, playgrounds, stadium, public parks and trails, recreation (indoor), recreation (outdoor), religious assembly, conference and banquet facility, hotels, supportive housing, group homes, transitional accommodation, and any uses that are sensitive to dust, odour, noise, and vibration emissions. shall provide a minimum setback Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. of:
   1. 15.00 m 49.21 ft. from the closest edge of the railway right-of-way property line Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space. to the closest edge of the principal building Principal Building means a building that accommodates the principal use of a lot or site. or dwelling unit Dwelling or Dwelling Unit means a self-contained residence comprising cooking, washroom, living, and sleeping facilities with a separate private entrance from the exterior of a building or from a common hall, lobby, or stairway inside a building, but does not include any part of a hospital, hotel, or recreation vehicle., for a branch line.
   2. 15.00 m 49.21 ft. from the closest edge of the railway right-of-way property line to the closest edge of the principal building or dwelling unit, for a spur line.
   3. Notwithstanding sections (a) and (b), the Development Authority may consider, in consultation with the railway, a setback reduction when elevation changes exist or when additional safety measures are proposed.
2. For proposed residential developments or other sensitive land uses adjacent to the railway right-of-way, a minimum 1.83 m 6.00 ft. high fence Fence means a vertical physical barrier constructed to provide visual screening or to enclose a lot or site. shall be installed.

3.32  Residential Sales Centre

1. Where a dwelling unit Dwelling or Dwelling Unit means a self-contained residence comprising cooking, washroom, living, and sleeping facilities with a separate private entrance from the exterior of a building or from a common hall, lobby, or stairway inside a building, but does not include any part of a hospital, hotel, or recreation vehicle. is used as a residential sales centre Residential Sales Centre means a dwelling unit or temporary building used to exhibit dwelling units for sale, rent, or raffle. Typical uses include show or raffle homes., a separate Development Permit must be obtained for that use.
2. A residential sales centre must have an exterior finish similar to the existing or proposed residences in the vicinity, unless otherwise permitted by the Development Authority.
3. Once the use of a residential sales centre ceases, any area of the development used as a residential sales centre shall revert to residential use Residential Use means congregate living (level one), congregate living (level two), dwelling (apartment), dwelling (duplex), dwelling (manufactured home), dwelling (secondary), dwelling (semi-detached), dwelling (single detached), dwelling (townhouse - complex), dwelling (townhouse - plex), dwelling (townhouse - single), dwelling unit above a non-residential use, group home, secondary suite (garage), secondary suite (garden), secondary suite (internal), supportive living accommodation, or townhousing..
4. A residential sales centre must provide sufficient on-site On-Site means a location on the site which is the subject of a development. and off-site Off-Site means a location other than the site which is the subject of a development. parking Parking means leaving a vehicle temporarily on a lot or site. in the opinion of the Development Authority, to ensure that adjacent sites Adjacent Site means a site that is contiguous to a site which includes land that would be contiguous if not for a public roadway, public utility lot, public utility right-of-way, railway right-of-way, river, stream, or sidewalk. would not be adversely affected.
5. A temporary breezeway Breezeway means a roofed structure that connects two buildings and provides pedestrian access only. may connect two or more residential sales centres at the discretion of the Development Authority.
6. Where a sales centre is proposed, the plan of subdivision for the lots shall be registered prior to issuance of a Development Permit for the sales centre.
7. A residential sales centre Residential Sales Centre means a dwelling unit or temporary building used to exhibit dwelling units for sale, rent, or raffle. Typical uses include show or raffle homes. shall not be operated for a period of more than 12 months, but the Development Authority may, upon application, issue a subsequent Development Permit once for up to 12 additional months.
   1. Notwithstanding section (7), the Development Authority may issue subsequent Development Permits annually for a residential sales centre in the MU2 District, in conjunction with active development and a valid Development Permit.

3.33 Satellite Dish

1. Notwithstanding any other provision in this bylaw, and subject to the requirements of the ‘Canadian Radio-television and Telecommunications Commission':
   1. In a Residential District Residential District includes the LDR, SLR, LLR, FBR, MDR, HDR, MID (areas A and B), and ICC (Area A) Districts.:
      1. A maximum of two satellite dishes Satellite Dish means a parabolic device and its support structure, designed to receive or transmit frequencies transmitted by satellites. may be installed on a lot Lot means: 1) A quarter section; 2) A river lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 3) A settlement lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 4) A part of a lot described in a certificate of title, if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision; 5) A part of a lot described in a certificate of title, if the boundaries of the part are described in a certificate of title by reference to a plan of subdivision.;
      2. Only one satellite dish may be freestanding;
      3. A satellite dish Satellite Dish means a parabolic device and its support structure, designed to receive or transmit frequencies transmitted by satellites. must not be:
         1. Greater than 3.50 m 11.48 ft. in diameter;
         2. Attached to a building, if it has a diameter greater than 0.60 m 1.97 ft.;
         3. Located in a front yard;
         4. Located less than 1.00 m 3.28 ft. from side and rear property lines Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space.; and
         5. More than 4.00 m 13.12 ft. in height from finished grade Finished Grade means the elevation of the ground upon placement of soil and sod above the rough grade, or as may be identified on plot plans. when freestanding.
   2. In a Non-Residential District Non-Residential District includes a Commercial District, Industrial District, Special District, and any non-residential component of a Mixed-Use District.:
      1. Up to two adequately screened satellite dishes Satellite Dish means a parabolic device and its support structure, designed to receive or transmit frequencies transmitted by satellites. may be placed on a lot Lot means: 1) A quarter section; 2) A river lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 3) A settlement lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 4) A part of a lot described in a certificate of title, if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision; 5) A part of a lot described in a certificate of title, if the boundaries of the part are described in a certificate of title by reference to a plan of subdivision., either attached to a principal building Principal Building means a building that accommodates the principal use of a lot or site. or freestanding;
         1. Notwithstanding section (i), in the DTN, MU1, and MU2 Districts, a satellite dish shall be located on a roof only;
         2. Notwithstanding section (i), in the case of a broadcasting studio Broadcasting Studio means a development used for the production or broadcast of audio or visual programming, including radio, music, television, and movie programs. or transmitting station Transmitting Station means a development used for the rebroadcast of radio or television signals., the number of satellite dishes is at the discretion of the Development Authority;
      2. The diameter of a satellite dish shall not exceed 6.00 m 19.65 ft.; and
      3. A satellite dish shall be considered accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. development.
   3. No satellite dish shall exceed the maximum building height allowed in a District.

3.34 Stripping, Grading, and Excavation

1. Unless required for the preparation of a site for which a Development Permit has been issued, the stripping Stripping means any activity that removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations. This does not include grading or excavation., grading Grading means any land disturbance, removal, or fill, or any combination thereof, and shall include the conditions resulting from any land disturbance. This does not include excavation or stripping., and excavation Excavation means any breaking of ground, but does not include landscaping of a use for which a Development Permit has been issued, agricultural cultivating, limited household gardening, or ground care. of land shall require a Development Permit as outlined in section 2.7 ‘Stripping, Grading, and Excavation Applications.’
2. With the exception of those lands governed by a valid development agreement, stripping Stripping means any activity that removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations. This does not include grading or excavation., grading Grading means any land disturbance, removal, or fill, or any combination thereof, and shall include the conditions resulting from any land disturbance. This does not include excavation or stripping., and excavation Excavation means any breaking of ground, but does not include landscaping of a use for which a Development Permit has been issued, agricultural cultivating, limited household gardening, or ground care. activities are considered a Discretionary Use in all Districts and require a Development Permit.

3.35 Shipping Container

1. A shipping container Shipping Container means an accessory development that was previously used to transport goods, and is now used for storage purposes only. This does not include a moving pod/refuse bin. shall be screened Screening means the concealment of a development by a fence, wall, berm, landscaping, or combination thereof. Such screening is intended to mitigate any visual nuisance of the development. from view to the satisfaction of the Development Authority, or set a higher standard of design, character, and appearance for the District in which it is placed.
2. A shipping container shall meet the minimum setbacks Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. and placement requirements for accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. buildings for the District in which it is placed.
3. A shipping container shall be used for storage only, and shall not be used to store dangerous or hazardous goods Dangerous or Hazardous Goods means a product, substance, or organism listed in the Dangerous Goods Transportation and Handling Act, RSA 2000, c. D-4 and by the Major Industrial Accidents Council of Canada (MIACC)., or as a dwelling unit Dwelling or Dwelling Unit means a self-contained residence comprising cooking, washroom, living, and sleeping facilities with a separate private entrance from the exterior of a building or from a common hall, lobby, or stairway inside a building, but does not include any part of a hospital, hotel, or recreation vehicle..

3.36 Solar Collector (Attached)

1. A solar collector (attached) Solar Collector (Attached) means a non-reflective accessory structure attached to a building, used to collect sunlight, that is part of a system used to convert radiant energy from the sun into thermal or electrical energy. may be located on the roof or wall of a building.
2. Within the LDR, SLR LLR, and FBR Districts:
   1. Where a solar collector (attached) Solar Collector (Attached) means a non-reflective accessory structure attached to a building, used to collect sunlight, that is part of a system used to convert radiant energy from the sun into thermal or electrical energy. is attached to a roof with a pitch of less than 4/12, it must not extend beyond the outermost edge of the roof, but may:
      1. Project a maximum of 0.50 m 1.64 ft. from the surface of the roof, when the solar collector is located 5.00 m 16.40 ft. or less from a side property line Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space. measured directly from any point along the side property line; and
      2. Where the solar collector is located more than 5.00 m 16.40 ft. from a side property line, and projects a maximum of 1.30 m 4.27 ft. from the surface of the roof.
   2. Where a solar collector (attached) is attached to a roof with a pitch of 4/12 or greater, it may project a maximum of 1.30 m 4.27 ft. from the surface of the roof and must not extend beyond the outermost edge of the roof.
3. Within all Districts except the LDR, SLR LLR, and FBR Districts:
   1. Where a solar collector (attached) Solar Collector (Attached) means a non-reflective accessory structure attached to a building, used to collect sunlight, that is part of a system used to convert radiant energy from the sun into thermal or electrical energy. is attached to a roof with a pitch of less than 4/12, it may project a maximum of 2.00 m 6.56 ft. from the surface of the roof, and must be located at least 1.00 m 3.28 ft. inward from the outermost edge of the roof.
   2. Where a solar collector (attached) is attached to a roof with a pitch of 4/12 or greater, it may project a maximum of 1.30 m 4.27 ft. from the surface of the roof and must not extend beyond the outermost edge of the roof.
4. Where a solar collector (attached) is attached to a pitched roof, it shall not project vertically beyond the height of any existing roofline or any roof peak.
5. A solar collector (attached) shall not exceed the maximum building height of the applicable District.
6. In all instances, the maximum distance by which a solar collector (attached) may project from the surface of the roof is determined by measuring the perpendicular distance between the surface of the roof and the exterior surface of the solar collector.
7. A solar collector (attached) Solar Collector (Attached) means a non-reflective accessory structure attached to a building, used to collect sunlight, that is part of a system used to convert radiant energy from the sun into thermal or electrical energy. that is located on a wall may project a maximum of 0.60 m 1.97 ft. from the surface of that wall.
8. A solar collector (attached) shall be stationary and shall not utilize a sun tracking system.

3.37 Solar Collector (Freestanding)

1. A solar collector (freestanding) Solar Collector (Freestanding) means a non-reflective accessory structure not attached to a building, used to collect sunlight, that is part of a system used to convert radiant energy from the sun into thermal or electrical energy. shall be an accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. use to the principal use on a lot Lot means: 1) A quarter section; 2) A river lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 3) A settlement lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 4) A part of a lot described in a certificate of title, if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision; 5) A part of a lot described in a certificate of title, if the boundaries of the part are described in a certificate of title by reference to a plan of subdivision..
2. A solar collector (freestanding) shall not project vertically beyond the height of any existing roofline or any roof peak of the principal building Principal Building means a building that accommodates the principal use of a lot or site..
3. A solar collector (freestanding) shall be located and arranged so that:
   1. Glare is not directed at an adjacent site Adjacent Site means a site that is contiguous to a site which includes land that would be contiguous if not for a public roadway, public utility lot, public utility right-of-way, railway right-of-way, river, stream, or sidewalk., and indirect glare does not adversely affect an adjacent site; and
   2. Traffic safety is not adversely affected.
4. In a Residential District Residential District includes the LDR, SLR, LLR, FBR, MDR, HDR, MID (areas A and B), and ICC (Area A) Districts., a solar collector (freestanding) Solar Collector (Freestanding) means a non-reflective accessory structure not attached to a building, used to collect sunlight, that is part of a system used to convert radiant energy from the sun into thermal or electrical energy. must:
   1. Not be located in a front or side yard;
   2. Be located in a screened rear yard;
   3. Be located a minimum of 1.00 m 3.28 ft. from side and rear property lines Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space.;
   4. Not be more than 2.00 m 6.56 ft. in height above finished grade Finished Grade means the elevation of the ground upon placement of soil and sod above the rough grade, or as may be identified on plot plans.;
   5. Be located a minimum of 1.50 m 4.92 ft. from the principal building Principal Building means a building that accommodates the principal use of a lot or site.; and
   6. Be located a minimum of 1.50 m 4.92 ft. from another accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. building.
5. In a Non-Residential District Non-Residential District includes a Commercial District, Industrial District, Special District, and any non-residential component of a Mixed-Use District., a solar collector (freestanding) Solar Collector (Freestanding) means a non-reflective accessory structure not attached to a building, used to collect sunlight, that is part of a system used to convert radiant energy from the sun into thermal or electrical energy.:
   1. Must not be located in a front yard;
   2. Must comply with the setback Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. requirements for accessory Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. buildings of the District;
   3. Must not be more than 5.00 m 16.40 ft. in height above finished grade Finished Grade means the elevation of the ground upon placement of soil and sod above the rough grade, or as may be identified on plot plans.;
   4. Must be located a minimum of 1.50 m 4.92 ft. from the principal building Principal Building means a building that accommodates the principal use of a lot or site.; and
   5. Must be located a minimum of 1.50 m 4.92 ft. from another accessory building.
6. In a Mixed-Use or Special District, the setback and height of a solar collector (freestanding) Solar Collector (Freestanding) means a non-reflective accessory structure not attached to a building, used to collect sunlight, that is part of a system used to convert radiant energy from the sun into thermal or electrical energy. shall be at the discretion of the Development Authority.
7. A solar collector (freestanding) shall be stationary and shall not utilize a sun tracking system.

3.38 Telecommunication Towers

1. Notwithstanding any other provision of this Bylaw, but subject to section 1.13 ‘Powers And Duties Of The Development Authority,’ the Government of Canada regulates the telecommunications industry in Canada and is the authority that approves the location of telecommunication towers Telecommunication Tower means any tower used to provide communication services through the transmitting, receiving, or relaying of voice and data signals, including radio, cellular, broadcast, Personal Communication Services (PCS), or wireless data, such as cell phone towers and wireless internet towers. For the purposes of this Bylaw, this excludes radio antennas and satellite dishes..
2. Unless excluded by the Government of Canada, a telecommunication tower shall be reviewed by a Development Authority to ensure concurrence with this Bylaw.
3. Preferred locations for the siting of a telecommunication tower include lands in the BP1, BP2, ICS, RCC, NHC, TCC, DTN, HDR, MU1, MU2, PPI (non-school sites or hospitals Hospital means an institutional development used to provide inpatient and outpatient health care to the public, which is recognized, authorized, licensed, or certified by a public authority. Typical development includes a provincial health care facility, a community health centre, a hospital, palliative care, long-term care, an auxiliary hospital, a mental health facility, detoxification, or addictions treatment.), IND, TRN, and FUD Districts.
   1. Notwithstanding section (3), rooftop towers are preferred in the NHC, DTN, HDR, MU1, MU2, PPI (non-school sites), and IND Districts.
4. Emergency services related directly to fire, police, and hospital Hospital means an institutional development used to provide inpatient and outpatient health care to the public, which is recognized, authorized, licensed, or certified by a public authority. Typical development includes a provincial health care facility, a community health centre, a hospital, palliative care, long-term care, an auxiliary hospital, a mental health facility, detoxification, or addictions treatment. services on lands in the PPI District are considered preferred locations solely for towers proposed to enhance emergency uses on those sites.
5. Discouraged locations for the siting of a telecommunication tower include:
   1. Lands in the PRK, LDR, SLR, LLR, FBR, MDR, ICC, and PPI (school sites or hospitals) Districts;
   2. Lands designated as a Municipal Historical Resource Historic Resource means a building, group of buildings, District, landscape, archaeological site, or other place that has been formally recognized by the City, provincial, and/or federal government for its heritage value. through municipal Bylaw or lands designated as a Provincial Historical Resource by the Province of Alberta;
   3. Lands located within 800.00 m 2,624.67 ft. of Big Lake;
   4. Lands identified as being environmentally sensitive areas; and
   5. Local wetlands, riparian areas, areas of large bird concentrations, bird flyways such as ridges and breaks in river vegetation, and areas where visible bird staging and nesting exist.

3.39 Temporary Building

1. Unless otherwise stated in this Bylaw, a trailer, mobile office, or other temporary building shall not be allowed, except for use during construction.
   1. Notwithstanding section (1), at the discretion of the Development Authority, a Development Permit for a temporary building for a residential sales centre Residential Sales Centre means a dwelling unit or temporary building used to exhibit dwelling units for sale, rent, or raffle. Typical uses include show or raffle homes., recreation (outdoor) Recreation (Outdoor) means a development used for outdoor sports or recreation. Typical development includes a picnic area, playground, pedestrian and bicycle trail, boating facility, swimming pool, spray park, golf course, athletic field, rink, or court., or public assembly use, may be granted for a specified time period.
2. In the ICS and IND Districts, a trailer, mobile office, or other temporary building may be allowed for a specified time period at the discretion of the Development Authority.

3.40 Top of Bank Setback

In all Districts, a building shall be setback Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. at least 5.00 m 16.40 ft. from the top of a bank Top of Bank means the upper, natural topographical break that signifies the upper edge of the slope to a watercourse or water body, or the upper edge of an escarpment with a slope over 15%., or top of an escarpment, as determined by a geotechnical investigation performed by a qualified Professional Engineer.

3.41  Urban Design Review

1. An Urban Design Review may be required to be assessed either internally or externally by a City-designated reviewer, where, in the opinion of the Development Authority, the development is deemed to have a significant impact on the subject area’s urban design.
2. Any building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  50.00 m 164.04 ft. or greater in height requires than an Urban Design Review This definition request has been improperly configured. Either you didn't define a word value (e.g. word=building), or no match was found for the word value provided. be completed.
3. Application information for an Urban Design Review shall be in accordance with section 2.5(1)(b).
4. An Urban Design Review shall be completed as a separate application process.
5. An application fee shall be charged in accordance with the current Master Rates Bylaw.
6. An Urban Design Review (External) Urban Design Review (External) means a preliminary review of the design and architecture of a proposed development conducted by a contracted third party or an appointed review committee. will result in an Urban Design Review Recommendations Report from a City-designated reviewer. The Urban Design Review Recommendations Report is a requirement of the Development Permit application, and may occur prior to or concurrent with a Development Permit application.
7. An Urban Design Review Recommendations Report will include recommendations from the reviewer that may range from acknowledgement of positive design qualities of the proposal, to suggestions for a design that better complies with the City's policies and plans.
8. An Urban Design Review Recommendations Report shall be provided back to the Applicant upon completion.
9. Applicants are expected to consider and implement, wherever possible, any recommendations of the Urban Design Review Recommendations Report into the final application.

3.42 Vehicle Access - General

1. A lot Lot means: 1) A quarter section; 2) A river lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 3) A settlement lot shown on an official plan, as defined in the Surveys Act, RSA 2000, c. S-26, that is filed or lodged in a land titles office; 4) A part of a lot described in a certificate of title, if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision; 5) A part of a lot described in a certificate of title, if the boundaries of the part are described in a certificate of title by reference to a plan of subdivision. must have at least one legal means of vehicle access Access means an area that serves as the physical connection between a site and a public roadway..
2. Access shall not be allowed from a public roadway Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway. across a lot to another public roadway, other than a lane Lane means an alley as defined in the Traffic Safety Act, RSA 2000, c.T-6., unless the Development Authority, in consultation with Engineering Services, supports the proposed design.
3. Access from a lot to a Major Roadway listed in Schedule B must:
   1. Have a turning space on the lot so that vehicles leaving the lot do not back into the Major Roadway; and
   2. Comply with the Traffic Bylaw, as amended.