Part 3 - General Regulations

Residential Buildings and Lots

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

3.43 Application

Sections 3.44 through 3.71 apply to all Residential and .

3.44 Accessory Building - Residential

Except as otherwise provided in this Bylaw, an Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. building:
1. Must not be located in a front yard;
2. Must be located a minimum of from side and rear when located in a rear yard;
3. May be located in a side yard, provided it is a minimum of from the side property lines;
4. Must be located a minimum of from the unless determined otherwise by the Development Authority;
5. Must be located a minimum of from another building unless determined otherwise by the Development Authority; and
6. Must not be more than in height above .

3.45 Air Conditioners And Heat Pumps - Freestanding

An exterior air conditioner or heat pump must not be located:
1. In a front yard;
2. from the rear ; and
3. Less than from a side property line.
Notwithstanding section (1), this section excludes a window-mounted air conditioner or heat pump.

3.46 Amenity Area (Common)

For a Dwelling (Apartment) means a building containing three or more principal dwelling units with a common entrance from the exterior., 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., 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. , and 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., containing 30 or more dwelling units:
1. An shall be provided at a rate of per ;
2. An amenity area (common) may be provided indoors, outdoors, or a combination thereof;
3. A maximum of 60% of the required amenity area (common) may be provided indoors;
4. An 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. may include:
  1. A rooftop amenity area;
  2. An at- amenity area, including a , courtyard, or ;
  3. A or terraced balcony;
  4. A common garden area, either at-grade or above-grade; or
  5. Any other amenity area (common), including a pool, fitness centre, community room, or theatre room;
5. An at grade, adjacent to public areas, shall be or ;
6. Screening shall be:
  1. A minimum of in height; and
  2. Provided as either landscaping with a minimum width of at least , or a fence or wall;
7. Notwithstanding section (f), an amenity area (common) may be screened in some other form if, in the opinion of the Development Authority, it clearly delineates the public space from the private space;
8. The minimum area of any single interior shall be ; and
9. The minimum area of any single outdoor amenity area (common) shall be , excluding and pedestrian walkways.
Amenity area (common) must have convenient pedestrian connections and be universally accessible.
Maintenance of the amenity area (common), including parking lots and pedestrian walkways, is the responsibility of a private entity, and is normally set forth in the form of private restrictive covenants which guarantee the private maintenance of these areas.

3.47 Amenity Area (Private)

For Dwelling (Apartment) means a building containing three or more principal dwelling units with a common entrance from the exterior., 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., 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. , and 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.:
1. Each dwelling unit must provide at least one of the following forms of 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.:
  1. or ;
  2. or at- yard;
  3. Balconette or Juliet balcony (in the DTN District only); or
  4. Recessed balcony;
2. Notwithstanding section (a), for , the Development Authority may use its discretion to determine the number of private required for a development;
3. An 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.:
  1. Shall be located next to a ;
  2. Shall be a minimum of 53.82 sq. ft. per 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., with no one dimension less than 3.94 ft.; and
    1. Notwithstanding section (ii), in the DTN District, a Juliet balcony of no less than in depth and in width may be used if the remainder of the calculated amenity area (private) under section (ii) is provided as additional ;
  3. May be provided at , above grade, or a combination thereof;
4. An 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. at ground level must have Fence means a vertical physical barrier constructed to provide visual screening or to enclose a lot or site. or 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. which is:
  1. A minimum of in height; and
  2. Provided as either with a minimum width of at least , or a fence or wall;
5. Notwithstanding section (d), an may be screened in some other form or combination thereof if, in the opinion of the Development Authority, it clearly delineates the public space from the private space.

3.48 Architectural Projection

Unless otherwise prohibited by this Bylaw, an 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. shall be permitted to extend into a required yard 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. up to 1.97 ft..
1. Notwithstanding section (1), a may extend into a required yard beyond , at the discretion of the Development Authority.
A cantilever shall not extend the entire length of a room.

3.49 Attached Garage or Attached Carport

In the LDR, SLR, LLR, FBR, and MDR Districts:
1. An attached or attached is considered part of the ; and
2. An attached garage or attached carport must comply with the building setback requirements that apply to the principal building.

3.50 Bed and Breakfast

A Bed and Breakfast means a home-based business that is an accessory use to a dwelling (single-detached), dwelling (semi-detached), or dwelling (duplex); and provides temporary sleeping accommodation and meals to visitors. The development must be operated by a permanent resident of the dwelling unit. This use does not include a boarding house or short-term rental. shall:
1. Have no cooking facilities in a guest room;
2. Have a minimum guest-room size of per single occupant and per person per guest-room for multiple occupants; and
3. Not undertake significant exterior modification of the building or grounds unless such changes are compatible with the character of the existing neighbourhood.

3.51 Decks

Any must meet the required front yard of the .
A deck less than above may be built to the side and rear .
A deck 1.97 ft. to 4.92 ft. above finished grade:
1. Must be located at least from a side property line; and
2. Must be located at least from the rear property line, or when a rear property line is adjacent to a , , , lot (PUL), or (MR).
Notwithstanding section (2), a may be developed to a 0.00 m setback along the common property line of a or .
A deck greater than 4.92 ft. above 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. must be located at least 16.40 ft. from all property lines, unless:
1. The Development Authority determines that a separation from all is not required due to site conditions; and
2. The deck complies with the side yard setback of the .
Notwithstanding sections (2) and (4), for a developed with a , a may be developed to a 0.00 m side yard setback along the zero lot-line side of a dwelling (single-detached).
If a or is attached to a , the deck shall meet the minimum setback requirements for the principal building.

3.52 Design, Character, and Appearance of Residential Buildings

In addition to the requirements in section 3.12 ‘Design, Character, and Appearance of a Building,’ a Dwelling (Apartment) means a building containing three or more principal dwelling units with a common entrance from the exterior., 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., 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. , 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. (greater than 42.65 ft. in height), or 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. (greater than 42.65 ft. in height), must be finished as follows, to the satisfaction of the Development Authority:
1. Exterior finishing materials on visible from a public right-of-way, , or shall be of a higher quality appearance, to the satisfaction of the Development Authority;
2. The use of two or more colours or materials is required to enhance the building exterior and to create design accents. Building and architectural details (including flashing and downspouts) shall have a colour that complements the ;
3. Walls, including for general , and , and perimeter walls must be constructed or finished in a similar material or colour to that used for the principal building exterior; and
4. Large expanses of uninterrupted wall planes are prohibited where visible from a public right-of-way, , or .
When a building has a large expanse of uninterrupted wall planes:
1. The use of recesses, entrances, windows, projections, building material, colours, roof design, or a physical break in building mass is required to add articulation to the ;
2. Multi-dimensional features shall be in proportion to the wall heights and ; and
3. may be required to address an uninterrupted wall plane, in accordance with section 3.99(1).
An uninterrupted wall plane shall not exceed in a horizontal direction.
A building greater than in length may be required to provide an at- pedestrian thoroughfare at the discretion of the Development Authority.
should respect the existing topography of the site by terracing the building where appropriate.
Exterior pedestrian entrances to buildings must have overhead weather protection.

3.53 Detached Garage or Detached Carport

Front yard 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.
1. The front yard setback for a detached or detached shall conform to the required front yard setback for the .
Side yard setback
1. For a 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)., the interior side yard setback for a detached garage or detached carport is 3.28 ft..
  1. Notwithstanding section (a), for a in the LLR and FBR Districts, a detached or detached may be developed to a side yard setback when located on an interior lot less than in width.
2. For a dwelling (single-detached) on a development, a detached garage or carport may be developed to a 0.00 m side yard setback on one side.
3. For a 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)., a detached garage or detached building may be developed:
  1. To a 0.00 m setback along the (common); and
  2. To a 3.28 ft. interior side yard setback.
    1. Notwithstanding section (ii), on a lot less than in width in the LLR and FBR Districts, to a side yard setback on the interior side yard.
4. For a , the interior side yard setback for a detached garage or detached carport is .
5. For a , the interior side yard setback for a detached garage or detached carport is .
6. For a 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., a detached garage or detached carport may be developed:
  1. To a 0.00 m setback along the property line (common); or
  2. To a interior side yard setback on a townhouse (end unit).
7. The corner side yard setback for a detached 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. or detached building on a 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. with no Lane means an alley as defined in the Traffic Safety Act, RSA 2000, c.T-6. is:
  1. where there is no sidewalk; or
  2. from the edge of the sidewalk nearest the .
8. The corner side yard setback for a detached garage or detached carport on a corner lot with a lane shall conform to the side yard setback of the .
Rear yard 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.
1. The rear yard setback for a detached garage or carport is 3.28 ft..
  1. Notwithstanding section (a), for a lot with vehicular provided from a rear , the minimum rear yard building setback is .
2. For a detached garage or detached carport:
  1. The maximum height is ; and
  2. The minimum Separation Distance means an open space around dwellings, separating them from adjacent buildings or activities, and providing daylight, ventilation, and privacy. Separation distance is not a front yard building setback, side yard building setback, or rear yard building setback as defined herein. from any other building on site is 4.92 ft..
    1. Notwithstanding section (ii), the Development Authority may approve a that connects a detached garage to a or , if the breezeway is built in compliance with the and does not exceed in .
Other
1. No detached shall be located closer than from the garage face to the rear or .

Figure 3-5

Detached Garage Setbacks

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3.54 Driveways

All vehicle/recreation vehicle spaces and in Residential Districts shall be .
Parking vehicles either permanently or temporarily on turf, dirt, gravel, lawn, or other non-hard-surfaced area is prohibited.

3.55 Dwelling (Apartment) and Dwelling Unit Above a Non-Residential Use

For a 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 means a dwelling unit, located in a mixed-use building, which is located above any non-residential use., the following are the minimum Separation Distance means an open space around dwellings, separating them from adjacent buildings or activities, and providing daylight, ventilation, and privacy. Separation distance is not a front yard building setback, side yard building setback, or rear yard building setback as defined herein., unless otherwise stated in this Bylaw:
1. 32.81 ft. from the exterior wall of a 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 means a dwelling unit, located in a mixed-use building, which is located above any non-residential use., to any other exterior wall of an On-Site means a location on the site which is the subject of a development. residential building;
  1. Notwithstanding section (a), a separation distance of 0.00 m may be allowed by the Development Authority when the dwelling (apartment) or a dwelling unit above a non-residential use is attached to or incorporated with a ;
2. The minimum separation distance from the exterior wall of a dwelling (apartment) or a dwelling unit above a non-residential use is:
  1. to a or to a parking stall;
  2. to a common walkway (except that portion of walkway that provides direct access to a building);
  3. 0.00 m at the side, where there are no windows located below or at adjacent to the walkway;
  4. between a and an building, except for a common amenity building, which has a separation distance determined by the Development Authority; and
3. may be determined by the Development Authority for any portion or portions of a building containing non-residential uses located on the ground floor.
A development or a above a non-residential use development shall provide internal pedestrian connectivity and connections to a public sidewalk, walkway, or trail, to the satisfaction of the Development Authority.

3.56 Dwelling (Townhouse)

General Townhouse Regulations

The following regulations apply to all townhouse development:
1. and vehicular access to a in a development shall only be provided from a or ;
2. Vehicular from a to a site shall be at the discretion of the Development Authority, in consultation with Engineering Services;
3. Surface parking must not encroach into any required landscape area;
4. A dwelling (townhouse) facing a public roadway shall be comprised of no more than six consecutively attached units;
5. A dwelling (townhouse) not facing a public roadway shall be comprised of no more than eight consecutively attached units; and
6. The minimum for a or a is covered in section 3.65 ‘Lot Depth.’
In the case of a mixed-form Dwelling (Townhouse) means a building comprised of three or more dwelling units, where each unit has a separate, direct entrance from the exterior to grade, and includes dwelling (townhouse-single), dwelling (townhouse-plex), and dwelling (townhouse-complex). Typical examples include back-to-back townhouses, stacked townhouses, and street-oriented townhouses. development:
1. regulations regarding dwelling size, building , , and building height shall be applied to every single lot or within the overall development; and
2. 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. regulations regarding 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., visitor Parking means leaving a vehicle temporarily on a lot or site., pedestrian connectivity, internal roadways, On-Site means a location on the site which is the subject of a development. walkways, and building separation shall be applied to the overall site.
  1. Notwithstanding sections (a) and (b), if doubt arises as to the required application of the dwelling (townhouse) regulations above, they shall be determined by the Development Authority by applying this Bylaw as closely as is possible in the circumstances of each case.

Dwelling (Townhouse - Single)

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.
1. Unless otherwise regulated in a District, the minimum Principal Building means a building that accommodates the principal use of a lot or site. setback for a 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. is:
  1. from any adjacent to a Major Roadway (listed in Schedule B) if a dwelling unit faces that roadway;
  2. from a front property line, to no greater than ;
  3. From a side property line is:
    1. 0.00 m for a townhouse (interior unit);
    2. for a townhouse (end unit);
    3. On a 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.:
      1. when building height is less than or equal to ; or
      2. when building height is greater than ;
  4. From the rear 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. is:
    1. if there is an attached or attached located on the ; or
    2. when no attached garage or attached carport is located on the lot.
Lot Width means the distance between the side property lines, as measured along the minimum front yard building setback, unless otherwise specified in this Bylaw.
1. The minimum lot width for a 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. is:
  1. per townhouse (interior unit);
  2. per townhouse (end unit) on an interior lot;
  3. per townhouse (end unit) on a in the LLR District; or
  4. per townhouse (end unit) on a corner lot in the MDR District;
2. Notwithstanding section (a), if a proposed lot is adjacent to a major road listed on Schedule B, additional lot width may be required to accommodate and .
Lot Coverage means the percentage of the lot area covered by buildings.
1. The maximum lot coverage for a dwelling (townhouse-single) is:
  1. For a townhouse (interior unit), 55%;
  2. For a townhouse (end unit), 50%; or
  3. For a townhouse (end unit) on a , 50%.

Dwelling (Townhouse-Plex)

General
1. A shall only be developed on a with .
2. Vehicular access for a dwelling (townhouse-plex) shall only be provided from a .
  1. Notwithstanding section (b), on a which has a primary vehicular access to a rear lane, and can be accessed from a , one additional vehicle access from the public roadway may be allowed, in consultation with Engineering Services.
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.
1. Unless otherwise regulated in a District, the minimum principal building setback for a 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. is:
  1. from any adjacent to a Major Roadway (listed in Schedule B) if a faces that roadway;
  2. from a front property line in the LDR District;
  3. from a front property line in the LLR District;
  4. From a side property line is:
    1. on an interior lot; and
    2. On a 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.:
      1. when building height is less than or equal to ; or
      2. when building height is greater than ;
  5. From the rear property line is:
    1. if there is an attached or attached located on the lot; or
    2. when no attached garage or attached carport is located on the lot.
Lot Width means the distance between the side property lines, as measured along the minimum front yard building setback, unless otherwise specified in this Bylaw.
1. Unless otherwise regulated in a District, the minimum lot width for a is on a corner lot.
2. Notwithstanding section (a), if a proposed lot is adjacent to a major road listed on Schedule B, additional lot width may be required to accommodate and .
Lot Coverage means the percentage of the lot area covered by buildings.
1. Unless otherwise regulated in a District, the maximum lot coverage for a dwelling (townhouse-plex) is 48% for the and , and 50% including buildings.

Dwelling (Townhouse - Complex)

General
1. A shall provide internal pedestrian connectivity and connections to a public sidewalk, walkway, or trail in accordance with section 3.27 ‘Pedestrian Walkway Access.’
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.
1. Unless otherwise regulated in a District, the minimum Principal Building means a building that accommodates the principal use of a lot or site. setback for a dwelling (townhouse-complex) is:
  1. from any adjoining a PRK District;
  2. from a front property line adjacent to a , if a has direct to and faces that roadway;
  3. from any property line adjacent to a Major Roadway (listed in Schedule B) if a dwelling unit faces that roadway; or
  4. from a property line in all other cases.
Building separation distance
1. The minimum building Separation Distance means an open space around dwellings, separating them from adjacent buildings or activities, and providing daylight, ventilation, and privacy. Separation distance is not a front yard building setback, side yard building setback, or rear yard building setback as defined herein. for a dwelling (townhouse-complex) is:
  1. between the exterior of the front or rear wall of a building and the rear or front wall of any other building;
  2. between the exterior of the front or rear wall of a building and the side wall of any other building; and
  3. 9.84 ft. between the exterior of the side wall of a building and the side wall of any other building;
    1. Notwithstanding sections (i) to (iii), a separation distance of 0.00 m may be allowed by the Development Authority when the townhouse is attached to or incorporated with a or .
2. The minimum separation distance for a 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. building from the exterior wall of a building to a Private Roadway means a vehicle thoroughfare created for the purpose of vehicular access and circulation. It may include common property pursuant to the Condominium Property Act, RSA 2000, c. C-22, or be part of a lot, subject to a mutual access agreement. Private roadways include drive aisles. or to a Parking means leaving a vehicle temporarily on a lot or site. stall is:
  1. at the front; or
  2. at the side and rear.
3. The minimum separation distance for a dwelling (townhouse-complex) building from the exterior wall of a building to a common walkway, except that portion of the walkway that provides direct access to the building, is:
  1. at the front and rear;
  2. at the side where there are windows or doors located below or at adjacent to the walkway; or
  3. 0.00 m at the side where there are no windows or doors located below or at grade adjacent to the walkway.
4. between a and an building, except for a common amenity building, which has a determined by the Development Authority.
5. Notwithstanding sections (11) and (12)(a) through (c), a greater or building separation distance may be required by the Development Authority.

3.57 Exterior Staircase

An exterior staircase located above or below 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. hall not:
1. Be located less than from the side or rear ; and
2. Impede required vehicle access to a detached or in a rear yard.

3.58 Group Home

A 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. shall be limited to a maximum of eight residents, exclusive of staff.
1. Notwithstanding section (1), the Development Authority may determine a lesser number of residents within a group home, having regard for the merits of the group home application, site location, and intensity of the use.

3.59 Home-Based Business (Level One)

is not permitted for a .
A person conducting a home-based business (level one) shall not store materials, commodities, or finished products associated with the business outside the or .
No student or customer visits are permitted.
A person shall not provide in-person instruction as a home-based business (level one).
The home-based business (level one) shall be operated as an use only, and shall not change the principal character or external appearance of the dwelling unit or accessory building involved.
A home-based business (level one) shall not produce offensive noise, vibration, smoke, dust, odour, heat, glare, electrical, or radio disturbance.

3.60 Home-Based Business (Level Two)

A is restricted to a maximum of one up to in .
Any copy on a shall be limited to the name of the business and its logo.
A person conducting a home-based business (level two) shall not store materials, commodities, or finished products associated with the business outside the or .
If a person provides instruction as a home-based business (level two), no more than five attendees shall be in attendance at the site at any one time.
A home-based business (level two) shall be operated as an use only and shall not change the principal character or external appearance of the dwelling unit or accessory buildings involved.
The required for a home-based business (level two), shall be provided in addition to the required residential parking for any dwelling units, in accordance with Part 4: Parking.
A Home-Based Business (Level Two) means an Accessory Development in a dwelling unit or an accessory building, for a business that is operated by a permanent resident of the dwelling unit, and may include one employee who does not reside on the property. This use does not include animal service, automotive (service), automotive specialty, fleet service, or a dry cleaner. shall not be permitted if:
1. It produces offensive noise, vibration, smoke, dust, odour, heat, glare, electrical, or radio disturbance; and
2. The Development Authority determines that such use would be more appropriately located in a Commercial or , having regard for, among other matters, potential traffic generation and potential interference with the residential character of the area.

3.61 Home-Based Business (Level Three)

A Home-Based Business (Level Three) means an Accessory Development in a dwelling unit or an accessory building, for a business that is operated by a permanent resident of the dwelling unit, which may have four employees who do not reside on the property, with limited outdoor storage. Typical activities include contractor services, landscape supplies, commercial vehicle parking, automotive and auto body repair, and on-site light fabrication. may have a maximum of one 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., that is either a:
1. ;
2. ;
3. ; or a
4. ; and
5. The sign shall not exceed the following dimensions:
  1. Maximum area is ; and
  2. Maximum height for a is .
Any copy on a sign shall be limited to the name of the business and its logo.
The maximum number of clients at any one time shall be at the discretion of the Development Authority, having regard to the character of the immediate area, proximity to other residences, and the potential impact of traffic.
A shall be operated as an use only and shall not change the principal character or external appearance of the or involved.
A home-based business (level three) shall not occupy more than 30% of the of the principal dwelling plus the area of accessory buildings.
Up to three commercial vehicles used in association with a home-based business (level three) may be parked, stored, and/or maintained .
The required for a home-based business (level three), shall be provided in addition to the required residential parking for any dwelling units, in accordance with Part 4: Parking.
of goods, materials, commodities, or finished products shall be at the discretion of the Development Authority. Such outside storage, where permitted, shall satisfy the minimum requirements for buildings in the applicable District.
of outdoor storage shall be at the discretion of the Development Authority.
A Home-Based Business (Level Three) means an Accessory Development in a dwelling unit or an accessory building, for a business that is operated by a permanent resident of the dwelling unit, which may have four employees who do not reside on the property, with limited outdoor storage. Typical activities include contractor services, landscape supplies, commercial vehicle parking, automotive and auto body repair, and on-site light fabrication. shall not be permitted if:
1. It produces offensive noise, vibration, smoke, dust, odour, heat, glare, electrical, or radio disturbance; and
2. The Development Authority determines that such use would be more appropriately located in a Commercial or , having regard for, among other matters, potential traffic generation and potential interference with the residential character of the area.

3.62 Fences (Residential)

For a 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) 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) 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) 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 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.:
1. A in or around a front yard must not exceed in height, except where a lesser height is required under section 3.10 ‘Corner Lots - Traffic Sight Lines;’ and
2. Any other fence must not exceed in height.
For a fence, the depth of a front yard shall be the distance from the front to the foremost portion of the or the principal building on the lot adjacent to the fence, whichever is greater.
For a fence that is to be constructed on top of a or within of the top of a retaining wall, the maximum height of the fence shall be determined from a point that is one-half the height of the retaining wall.
No fence is permitted if, in the opinion of the Development Authority, the fence will block or impede traffic sight lines.
At the discretion of the Development Authority, a fence may be required to provide a corner cut for the purpose of traffic sight lines on lane-accessed properties or .
A shall not be constructed of or topped with any material that may pose a hazard to the public or wildlife, including barbed wire and electrification.
For a or , fencing may be required by the Development Authority, in consultation with Engineering Services.

An illustration clarifying fence heights

Figure 3-6

Fence Height Locations

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3.63 Fire Pits and Barbecues

A fixed outdoor fire pit, barbecue, fireplace, or stove must not be:
1. Located in a front or side yard;
2. Located less than from side and rear ; or
3. Located less than from any building.

3.64 Lot Width Measurements

For a rectangular lot, is measured by offsetting the front (Figure 3-7).
For a pie-shaped lot located on a bulb of a Cul-de-Sac means a non-through roadway that terminates in one or more bulbs., or a partial bulb on an outside corner of a Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway.:
1. Lot width is measured along a line back from the front property lines (Figure 3-7);
2. The curb frontage must be a minimum of , as measured between the points determined by the intersection of the side property lines and the line of the curb face. For the purposes of this section, the side property lines are extended to the curb face (Figure 3-8); and
3. Where the lot is accessed by a rear , the curb frontage must be a minimum of , as measured between the points determined by the intersection of the side property lines and the line of the curb face. For the purposes of this section, the side property lines are extended to the curb face (Figure 3-9).
For a reverse pie lot where the front of the lot is wider than the back, lot width is measured along a line from the rear property line (Figure 3-7).
For irregular configuration where the lot width cannot be reasonably calculated by these methods, lot width shall be determined having regard for , shape, and buildable area of the lot, and location of adjacent .

Figure 3-7

Lot Widths

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An illustration showing frontage requirements

Figure 3-8

Curb Frontage Requirements for Pie Shaped Lots

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Figure 3-9

Curb Frontage Requirements for Rear Lane Access

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3.65 Lot Depth

In an LDR, SLR, LLR, and FBR Districts, or for a 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 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. in any District, the minimum Lot Depth means the distance between the front and rear property lines of the lot, as measured perpendicularly or radially from the mid-point of the front property line to the mid-point of the rear property line of the lot. is:
1. , if the is adjacent to or backs onto a major arterial roadway identified in Schedule B, or a railway right-of-way;
2. , if the lot is pie-shaped and is located on a bulb of a , or on a partial bulb on an outside corner of a , and is adjacent to or backs onto a Major Roadway identified in Schedule B; and
3. in all other cases.
Lot depth shall be measured at the midpoint of the front , as illustrated in Figure 3-10.

Figure 3-10

Lot Depth Requirements

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3.66 Lots - Cul-de-Sac

Where a is located on a bulb adjacent to another existing or future residential development, the lot shall be a pie-shaped lot sharing a rear property with the adjacent residential development, as illustrated in Figure 3-11.

An illustration showing pie-shaped cul-de-sac lots

Figure 3-11

Lots - Cul-de-Sac

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3.67 Lots Less than 12.20 m Wide

For all 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. types on 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. less than 40.03 ft. wide, the following regulations apply:
1. and shall be grouped to maximize on-street parking and space for public infrastructure, as illustrated in Figure 3-12;
2. Driveways shall not exceed in width at the back of the sidewalk, or where no sidewalk is present, at the front or side , when located on a lot less than in width, as illustrated in Figure 3-12; and
3. Where a dwelling has a front attached garage, the front of the dwelling must provide visible wall frontage, exclusive of the garage width, as in a window, door, front porch, landing, or combination thereof.
Lots less than in width shall not be located on the bulb or partial bulb of a .

An illustration showing lot measurements

Figure 3-12

Measuring Lots Less than 12.20 m Wide

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3.68 Private Pool, Hot Tub, or Decorative Pond

A Private Pool means any private swimming pool, whether above or below the ground. This does not include a decorative pond or hot tub., Hot Tub means an accessory development that is a heated tub full of water used for hydrotherapy or relaxation, located either above or below grade. This does not include a private pool or decorative pond., or Decorative Pond means any decorative pond, whether above or below the ground. This does not include a private pool. must be:
1. Located in a rear or side yard; and
2. At least from the side and rear ;
A Decorative Pond means any decorative pond, whether above or below the ground. This does not include a private pool. must not be located in a front yard, unless:
1. The decorative pond is or less in depth; and
2. The decorative pond is located a minimum of from the front and side property lines.
The maximum size of a hot tub shall not exceed .

3.69 Secondary Suites

Any shall be to the .
A secondary suite shall not be subject to separation from the principal dwelling unit by registration of a condominium or subdivision plan.
A secondary suite shall not be considered in the calculation of densities as outlined in statutory plans.
A secondary suite shall have a maximum of three .
Only one 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)., 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)., or Secondary Suite (Internal) means an accessory secondary dwelling unit that is located within a dwelling (single detached), dwelling (semi-detached), or dwelling (duplex). A secondary suite (internal) may include the development or conversion of a basement, where a portion of the suite is located below finished grade. This use does not include a secondary suite (garage) or secondary suite (garden). is allowed on a lot with a 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). or 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). in accordance with the applicable District.
1. Notwithstanding section (5), in the LDR District only, a maximum of two secondary suites are allowed on a lot with a , provided that one of the suites is contained within the principal dwelling.
In the case of a , only one per duplex is allowed, in accordance with the applicable District.
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).
1. A secondary suite (garage) shall:
  1. Be located in a rear or side yard;
  2. Meet side yard requirements for the ;
  3. Be located a minimum of from the rear ;
  4. Be located a minimum of from the principal dwelling unit;
  5. Be located a minimum of from any other building on site;
  6. Have a maximum gross floor area of ; and
  7. Be architecturally compatible with the principal dwelling unit.
2. Consideration should be given to privacy for the , the , and dwelling unit(s) on adjacent properties through the placement of windows, , and .
3. A containing a secondary suite (garage) shall have a maximum height of from , or with a roof slope equal to or less than 2/12 (Figure 3 13).

Figure 3-13

Maximum Height for Detached Garage with Garage Suite

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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).
1. A secondary suite (garden) shall:
  1. Be located in a rear or side yard;
  2. Meet the side yard requirements for the ;
  3. Be located a minimum of from the rear ;
  4. Be located a minimum of from the principal dwelling unit;
  5. Be located a minimum of 4.92 ft. from any Accessory means subordinate, incidental to, and exclusively devoted to a principal use or principal building. on site;
    1. Notwithstanding section (v), a may have a 0.00 m from the side or rear of a detached ;
    2. Have a maximum of ; and
    3. Be architecturally compatible with the principal dwelling unit.
2. Consideration should be given to privacy for the secondary suite (garden), the principal dwelling unit, and dwelling unit(s) on adjacent properties through the placement of windows, , and .
3. A shall have a maximum height of from or with a roof slope of 2/12 or less.
4. The Development Authority may approve a that connects a secondary suite (garden) to the detached , if the breezeway is built in compliance with the and does not exceed in .
Secondary Suite (Internal) means an accessory secondary dwelling unit that is located within a dwelling (single detached), dwelling (semi-detached), or dwelling (duplex). A secondary suite (internal) may include the development or conversion of a basement, where a portion of the suite is located below finished grade. This use does not include a secondary suite (garage) or secondary suite (garden).
1. The minimum area of a secondary suite (internal) shall be not less than .
2. A secondary suite (internal) shall have a separate entry from the , either from a common indoor landing or from the exterior. If the entry is from the exterior, it shall be located on the side or rear of the principal dwelling unit.

3.70 Second Public Access

A second Public Access for the purpose of section 3.70 means a portion of a public roadway built to City standards, other than a lane, that provides a way to approach and enter onto a lot or site, or cross another public roadway. Typically, if a roadway only has one public access, it is considered a non-through roadway, and if a roadway has two or more public accesses, it is considered a through-street. is required for a residential use on a local Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway. when:
1. The distance from the centre line of the primary local public roadway to the closest point of the access route at a front exceeds ; or
2. The total number of exceeds 100.
Notwithstanding section (1), should the traffic on the local be expected to exceed 1,000 vehicles per day, the Development Authority, in consultation with the City Engineer, may require construction of a second .
Notwithstanding section (1)(a), the distance from the centre line of the primary local access road to the closest point of the access route at a front 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. may exceed 656.17 ft., at the discretion of the Development Authority, for the following properties:
1. A portion of the SW-21-54-24-W4M (3, 54307 Highway 2), as shown on Figure 3-14; and
2. Plan 142 3673, Block 1B, Lot 1 (200 Giroux Road), as shown on Figure 3-15;
3. A portion of the SE-17-54-25-W4M (40 City Annex North), as shown on Figure 3-16; and
4. A portion of the SE-17-54-25-W4M and Plan 182 2885, Block 10, Lot 2 (40 City Annex North and 180 Villeneuve Road) as shown on Figure 3-16;
Including any future revisions to these legal descriptions based on a subdivision or condominium plan.

Notwithstanding section (1)(b), the number of 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. may exceed 100, at the discretion of the Subdivision Authority, for the following properties:
1. Plan 142 3673, Block 1B, Lot 1 (200 Giroux Road), as shown on Figure 3-15;
Including any future revisions to these legal descriptions based on a subdivision or condominium plan.

Figure 3-14

Lot Exception, Erin Ridge North

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Figure 3-15

Lot Exception, Ville Giroux

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Figure 3-16

Lot Exception, Jensen Lakes

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3.71 Vehicle Access

In the LDR, SLR, LLR and FBR Districts, and for a 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. in any District, only one Vehicle has the same meaning as ‘motor vehicle’ as defined in the Traffic Safety Act, RSA 2000, c. T-6. access per 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 allowed.
1. Notwithstanding section (1):
  1. On a that does not have rear access, one vehicle on each side adjoining a may be allowed;
  2. On a lot which can be accessed from a rear lane, and has existing vehicular access to a public roadway, one additional vehicle access from the rear lane may be allowed; or
  3. On a lot that provides a minimum of of frontage, a circular driveway with two vehicle accesses may be allowed.

Last edited: March 19, 2026

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