Part 7 - Administrative and Interpretive Regulations

7.10 Repeal, Enactment and Transition Procedures

 

1. Edmonton Zoning Bylaw 12800, as amended, is repealed.
2. The regulations of this Bylaw come into effect on January 1, 2024 (the "effective date").
3. The regulations of this Bylaw apply from the effective date onward:
 
3.1. subject to the regulations for non-conforming Uses as outlined in the Municipal Government Act; and
3.2. despite the effect it might have on rights, vested or otherwise.
4. Regulations for zoning, land use, or development in any other Bylaw must not apply to any part of the city described in this Bylaw except as otherwise provided for in this Bylaw.
5. Development Permit applications must be evaluated under the regulations of this Bylaw as of the effective date, even if the application was received before this date. 
6. Any Direct Control Zone regulations that were in effect immediately prior to the effective date of this Bylaw will continue to be in full force and effect and are hereby incorporated into Part 4 of this Bylaw.

7.20 General Rules of Interpretation

Grammatical Reference Regulations
1.1. Words that are capitalized in this Bylaw refer to:
 
1.1.1. General Definitions in Part 8;
1.1.2. Use Definitions in Part 8;
1.1.3. titles of Zones, Direct Control Zones, Overlays, and Special Areas; and 
1.1.4. headings and titles within this Bylaw.
1.2. Words that are not capitalized should be given their plain and ordinary meaning as the context requires.
1.3. When a word or expression is defined in this Bylaw, other parts of speech and grammatical forms of the same word or expression have corresponding meanings.
General Reference Regulations
1.4. Zone is to be interpreted as the same as District and a Rezoning Amendment is to be interpreted as the same as a Redistricting Amendment.
1.5. Direct Control Provision is to be interpreted as the same as Direct Control Zone.
1.6. “Section” in this Bylaw means a reference to a contained set of regulations within a Part of this Bylaw. 
1.7. “Subsection” in this Bylaw means a reference to a specific regulation or set of regulations within a Section.
1.8. A reference to:
 
1.8.1. “commercial building” means a building containing 1 or more Commercial Uses and not containing any Residential Uses;
1.8.2. “commercial Zone” means a Zone where the Purpose is to primarily enable Commercial Uses;
1.8.3. “industrial building” means a building containing 1 or more Industrial Uses; 
1.8.4. "industrial Zone” means a Zone where the Purpose is to primarily enable Industrial Uses;
1.8.5. “mixed use building” means a building containing a mix of 1 or more non-Residential Uses with 1 or more Residential Uses; 
1.8.6. “mixed use Zone” means a Zone where the Purpose is to primarily enable a mix of non-Residential Uses and Residential Uses;
1.8.7. “non-residential building” means a building, other than a mixed use building, containing 1 or more non-Residential Uses;
1.8.8. “non-residential Zone” means a Zone other than a residential Zone;
1.8.9. “residential building” means a building containing 1 or more Residential Uses. A residential building includes a mixed-use building;
1.8.10. “residential Zone” means a Zone where the Purpose is to primarily enable Residential Uses; and
1.8.11. a Use that is “existing as of January 1, 2024” means that the Use is existing with a valid Development Permit as of January 1, 2024.
1.9. A Residential Use may be arranged in any housing arrangement except as otherwise restricted by the definition of that housing arrangement or by a regulation in this Bylaw.
1.10. Any development regulation that regulates a principal building and depends on the context of 1 or more Abutting properties or road rights-of-way must only be applied to the Development Permit application for the construction of a principal building and does not apply to future Development Permit applications on that Site unless such applications result in the construction of a new principal building or an expansion of the building envelope of an existing principal building. 
1.11. Despite any other regulation of this Bylaw or any other Bylaw passed by City Council to the contrary, headings and titles within this Bylaw are deemed to form a part of the text of this Bylaw.
Interpreting Conflicts
1.12. In the case of any conflict between the text of this Bylaw and any maps, photos, diagrams, or drawings used to illustrate any aspect of this Bylaw (including Section 1.20, Zoning Map), the text takes precedence.
1.13. In the case of any conflict between a number written in numerals and a number written in letters, the number written in numerals must govern.
1.14. In the case of any conflict between information expressed in metric units and in imperial units, the metric must govern.
1.15. Where a regulation references a City department that no longer exists, it must be interpreted as the department that is most appropriate.
Rounding Numbers
1.16 Unless specified elsewhere in this Bylaw, units must be rounded to the tenth decimal place. #
1.17. Where a calculation to determine any of the following results in a number with a tenth decimal place of 0.5 or greater, the value must be rounded up to the next whole number:
 
1.17.1 total number of trees or shrubs required in compliance with Section 5.60;
1.17.2 minimum or maximum number of parking spaces, number of deemed parking spaces for the purpose of determining barrier-free parking spaces, number of loading spaces, number of pick-up and drop off spaces, and number of bike parking spaces required in compliance with Section 5.80; and
1.17.3 total number of Dwellings or Sleeping Units required to achieve an incentive to increase the maximum Floor Area Ratio or Site Coverage specified in a Zone.
1.18. Despite Subsection 1.17, where a calculation specified in Subsection 1.17 results in a number less than 1.0, the value must be rounded to 1.0.

 

2.1. Any application form, application fee or other form referenced in this Bylaw must be approved by the City Manager.
2.2. Unless otherwise specified, a notice or acknowledgment issued under this Bylaw may be sent by electronic means.

 

3.1. Uses, as set out in Section 8.10, are grouped according to common functional or physical impact characteristics.
3.2. Use definitions are used to define the range of Uses that are Permitted Uses or Discretionary Uses within the Zones of this Bylaw.
3.3. When interpreting the Use definitions as set out in Section 8.10:
 
3.3.1. the typical examples that may be listed in the definitions are not intended to be exclusive or restrictive;
3.3.2. where specific purposes or activities do not conform to any Use definition or generally conform to the wording of 2 or more Use definitions, the Development Planner may deem the purposes or activities to conform to a Use they consider to be the most appropriate. In this situation, despite any other Section of this Bylaw, the Use is always considered a Discretionary Use, whether or not the Use is listed as a Permitted Use or Discretionary Use within the applicable Zone; and
3.3.3. the headings such as “Residential Uses” or “Commercial Uses” do not mean that the Uses listed under these headings are allowed only in residential or commercial Zones of this Bylaw. The list of Uses within each Zone determines the types of activities allowed within each Zone.

 

4.1. For the purpose of any Direct Control Zone passed on or before December 31, 2023:
 
4.1.1. the definitions of the listed Uses in the Direct Control Zone must be interpreted in compliance with either Land Use Bylaw 5996 as it appeared on June 13, 2001, or Zoning Bylaw 12800 as it appeared on December 31, 2023, whichever is applicable;
4.1.2. where the Direct Control Zone references a specific Section or Subsection of a land use bylaw, that reference is interpreted to be to the specific Section or Subsection of the land use bylaw that was in effect on the date on which the Direct Control Zone was approved by Council; and
4.1.3. where the Direct Control Zone references a specific Zone or Overlay of a land use bylaw, that reference is interpreted to be to the specific Zone or Overlay of the land use bylaw that was in effect on December 31, 2023.
4.2. For the purpose of any Direct Control Zone passed on or after January 1, 2024: 
 
4.2.1 where the Direct Control Zone references a specific Section or Subsection of a land use bylaw, that reference is interpreted to be to the specific Section or Subsection of the land use bylaw that was in effect on the date on which the Direct Control Zone was approved by Council; and
4.2.2. where the Direct Control Zone references a specific Zone or Overlay of a land use bylaw, that reference is interpreted to be to the specific Zone or Overlay of the land use bylaw that was in effect on the date of decision for the Development Permit application. 
4.3. Where there is a discrepancy between this Bylaw and any previous land use bylaw, the existing Direct Control Zone must not be interpreted to provide any additional rights than are otherwise contemplated in the Direct Control Zone.
4.4. For the purpose of any Development Permit issued on or before December 31, 2023, the Use identified in the permit is interpreted to have the same Use definition as set out in the applicable previous land use bylaw on the date on which the Development Permit was issued.
4.5. Daytime Child Care Services is deemed to be Child Care Services as defined in Zoning Bylaw 12800 on December 31, 2023, and must be developed in compliance with Section 80 of Zoning Bylaw 12800 as it appeared on December 31, 2023.
4.6. For all Direct Control Zones created prior to August 24, 1998, that contain Single Detached Housing, Semi-detached Housing, Duplex Housing or Secondary Suite as a listed Use: 
 
4.6.1. the maximum number of Single Detached Housing Dwellings per Lot is 1;
4.6.2. the maximum number of Semi-detached Housing or Duplex Housing Dwellings per Site is 2; and
4.6.3. the maximum number of Secondary Suites per principal Dwelling is 1,
  unless specifically noted otherwise in the Direct Control Zone.

 

7.30 Interpretation of the Zoning Map

 
Interpreting the Zoning Map
1. Section 1.20, the Zoning Map, divides the city into Zones and specifies the Zones that apply to particular lands.
Zoning and Overlay Boundaries
2. If there is uncertainty or dispute about the precise location of any Zone or Overlay boundary as depicted on the Zoning Map, the location is determined by applying the following rules:
 
2.1. Where a Zone or Overlay boundary is shown as approximately following the centre of Streets, Alleys, or other public thoroughfares, it is deemed to follow their centre lines.
2.2. Where a Zone or Overlay boundary is shown as approximately following the boundary of a Site, the Site boundary is deemed to be the boundary of the Zone or Overlay.
2.3. Where a Zone or Overlay boundary is shown as approximately following city limits, it is deemed to be following city limits.
2.4. Where a Zone or Overlay boundary is shown as approximately following the centre of pipelines, railway lines, or utility easements, it is deemed to follow the centre line of these right-of-ways.
2.5. Where a Zone or Overlay boundary is shown as approximately following the edge or shore lines of the North Saskatchewan River, or other bodies of water, it is deemed to follow those lines and is deemed to change based on any movement of those edges or shorelines.
2.6. Where a Zone or Overlay boundary is shown as being parallel to or as an extension of features noted above, it will be interpreted as such.
2.7. Where a Zone or Overlay boundary is shown as approximately following a topographic contour line or a top of bank line, it is deemed to follow that line. The boundary is deemed to change based on any movement of that line.
2.8. Where features on the ground are different from those shown on the Zoning Map, the map appended to an Overlay, or in other circumstances not mentioned above, the Development Planner must interpret the Zone or Overlay boundaries. This decision will result in a Discretionary Development.
2.9. Where a Zone or Overlay boundary does not conform to Subsections 2.1 to 2.7, and results in dividing or splitting a registered parcel of land, the boundary is determined by dimensions indicated on the Zoning Map, the map appended to an Overlay, or by measurements directly scaled from that map.
Street and Highway Boundaries
3. Despite the regulations in this Bylaw, no Zone is deemed to apply to any public roadway and any public roadway may be designed, constructed, widened, altered, redesigned and maintained in a manner determined by the City.
4. Where any public roadway is closed according to the Municipal Government Act, that land is deemed to be the same Zone as the Abutting land, including if the Abutting land is designated as a Direct Control Zone.
 
4.1. Where the Abutting lands are governed by different Zones, the centre line of the public roadway is deemed to be the Zone boundary
4.2. When Subsection 4 results in the boundaries of a Direct Control Zone being extended to include a closed portion of a public roadway, the Area of Application as set out in the Direct Control Zone regulations must be automatically amended by the Development Planner to include the closed portion of the public roadway.

 

7.40 Application of General and Specific Development Regulations

1.1. The General Development Regulations in Part 5 apply to all developments on all Sites. These regulations take precedence except where the regulations of a Zone, Direct Control Zone, Special Area, or Overlay specifically exclude or modify these regulations with respect to any development.

 

2.1 The Specific Development Regulations in Part 6 apply to specific developments on all Sites. These regulations take precedence except where the regulations of a Zone, Direct Control Zone, Special Area, or Overlay specifically exclude or modify these regulations with respect to any development.

 

7.50 Zoning Bylaw Amendments

1.1. Any person applying for a Text Amendment must apply in writing to the Development Planner. The application must include:
 
1.1.1. the appropriate application form;
1.1.2. the required fees;
1.1.3. the proposed Text Amendment;
1.1.4. a written statement by the applicant to support their application, and reasons for applying; and
1.1.5. where concerning a Special Area, the additional requirements specified in Section 7.70.
1.2. Despite anything contained in this Section, an application for a proposed Text Amendment to this Bylaw which has been refused by Council within the previous 12 months must not be accepted if the effects of the proposed amendment would be the same.
1.3. Prior to Council considering a proposed Text Amendment, the Development Planner must provide notice in compliance with the requirements of the Municipal Government Act.

 

2.1. Any person applying to amend the Zoning Map of this Bylaw must apply in writing to the Development Planner for a Rezoning Amendment. The application must include:
 
2.1.1. a Certificate of Title which has been issued no more than 30 days before receipt of the Rezoning Amendment application;
2.1.2. the appropriate application form; 
2.1.3. the required fees;
2.1.4. a written statement by the applicant in support of their application, indicating their interest in the property and reasons for applying; and
2.1.5. where applicable, the proposed Direct Control Zone, including the additional requirements specified in Section 7.80.
2.2. Upon receipt of an application for a Rezoning Amendment, the Development Planner must send a written notice of the application to:
 
2.2.1. the assessed owner of land that is subject to the Rezoning Amendment;
2.2.2. the municipal address and the address of the assessed owners of land that are wholly or partially within 60.0 m of the boundaries of the Site that is subject to the Rezoning Amendment;
2.2.3. the president of any applicable community leagues; and
2.2.4. the executive director of any applicable business improvement areas.
2.3. During any ordinary mail delivery stoppage, the notice of a Rezoning Amendment application must be given by other alternative means that the Development Planner may specify.
2.4. Where a Direct Control development agreement is entered into between the City and the applicant, the applicant must pay any development agreement fees, in addition to any other fee required under this Bylaw or any other bylaw.
2.5. Despite anything contained in this Section, the Development Planner must not accept an application for a Rezoning Amendment that:
 
2.5.1. for a Direct Control Zone, is substantially similar to; or
2.5.2. for all other Zones, contains the same proposed Zone designations as, 
an application on the same Site that has been refused by Council within the previous 12 months.

 

Review of Amendments
3.1. Upon receipt of an application for a Text Amendment or Rezoning Amendment, the Development Planner must:
 
3.1.1. examine the proposed amendment and request any additional information required to complete this examination;
3.1.2. prepare a written report on the proposed amendment; and
3.1.3. advise the applicant in writing of what recommendation will be made to Council regarding the proposed amendment.
Analysis of Rezoning Amendment 
3.2. Upon receipt of an application for a Rezoning Amendment, the Development Planner must initiate or undertake an investigation and analysis of the potential impacts of development under the proposed Zone and relevant sections of this Bylaw. The analysis must be based upon the full development potential of the Uses and development regulations specified in the proposed Zone, and not on the merits of any particular development proposal. The analysis must, among other things, consider the following impact criteria:
 
3.2.1. relationship to and compliance with applicable approved Statutory Plans, and Council policy. Should the application not conform with an applicable Statutory Plan, the Development Planner must require the applicant to submit an application to amend the applicable Statutory Plan before the application for a Rezoning Amendment is determined to be complete;
3.2.2. relationship to any relevant Statutory Plans in preparation at the time of the application;
3.2.3. compatibility with surrounding development in terms of Use, function, and scale of development;
3.2.4. relationship to, or impacts on, transportation networks including but not limited to bicycles, pedestrians, transit, and vehicles;
3.2.5. microclimate impacts, including but not limited to sun, shadow, and wind;
3.2.6. relationship to, or impacts on, services such as water and sewage systems, public transit and other utilities, and public facilities such as recreational facilities and schools;
3.2.7. relationship to municipal land, right-of-way, or easement requirements;
3.2.8. effect on stability, retention, and rehabilitation of desirable existing Uses, buildings, or both in the area;
3.2.9. necessity and appropriateness of the proposed Zone in view of the stated intentions of the applicant;
3.2.10. documented opinions related to land use impacts raised by area residents regarding the application; and
3.2.11. the potential impacts on municipalities within referral and notification areas as identified in the Municipal Development Plan.
Advisement to Applicant and Proceeding to Council
3.3. Upon receiving the advisement from the Development Planner as specified in Subsection 3.1.3, the applicant must advise the Development Planner if:
 
3.3.1. they wish the proposed amendment to proceed to Council; or 
3.3.2. they do not wish to proceed to Council with the proposed amendment, in which case the application is considered cancelled.
3.4. If the applicant does not respond to the Development Planner's advisement, a Development Planner may cancel the application after 1 year from the date of the advisement of the Development Planner.
3.5. If requested by the applicant, the Development Planner must submit the proposed amendment to Council, accompanied by the report and recommendations prepared by the Development Planner.
3.6. The Development Planner may present for the consideration of Council any proposed amendment to this Bylaw, and the proposed amendment must be accompanied by the report and recommendations of the Development Planner.

 

Written Notice
4.1. Prior to Council considering a proposed Rezoning Amendment, the Development Planner must provide notice in compliance with the requirements of the Municipal Government Act.  
4.2. For the purposes of Subsection 4.1, the Development Planner must send a written notice by ordinary mail to:  
 
4.2.1. the applicant;
4.2.2. the address of the assessed owner of the land subject to the proposed Rezoning Amendment;
4.2.3. the municipal address and the address of the assessed owners of land that are wholly or partially within 60.0 m of the boundaries of the Site which is the subject of the Rezoning Amendment, except that the Development Planner may exempt notification for City-initiated Rezoning Amendments:
 
4.2.3.1. for lands incorporated into the City zoned from the pre-annexation municipality's land use bylaw to an equivalent Zone in this Bylaw; or
4.2.3.2. to replace existing Zones with new Zones which are generally consistent with the Uses and regulations of the Zone being replaced;
4.2.4. the president of any applicable community leagues; and
4.2.5. the executive director of any applicable business improvement areas.
 
4.3. Despite Subsection 4.2.3, the Development Planner must increase the 60.0 m notification boundary if they determine that Sites beyond 60.0 m are likely to experience any impact attributable to any development allowed within the proposed Zone.  
4.4. During any ordinary mail delivery stoppage, the notice of a Rezoning Amendment prior to Council considering the proposed amendment must be given by other alternative means that the Development Planner may specify.  
Rezoning Amendment Application Information Sign
  
4.5. The assessed owner of land or applicant for a Rezoning Amendment must place a Rezoning Amendment application information Sign within 21 days of being directed to do so by the Development Planner.  
4.6. Despite Subsection 4.5, the Development Planner may waive the requirement to provide a Rezoning Amendment application information Sign for:  
 
4.6.1. applications that propose to rezone lands in conformity with a Statutory Plan; or
4.6.2. City-initiated Rezoning Amendments for land brought into the City through annexation.
 
4.7. Where a Site is Abutting more than 1 Street, 1 or more Rezoning Amendment application information Signs may be required so that the information is visible from each Street.  
4.8. Where a Rezoning Amendment application information Sign is required, the Sign must be posted for a minimum of 21 days before the application can proceed to a public hearing, unless otherwise directed by City Council.  
4.9. The Rezoning Amendment application information Sign must:  
 
4.9.1. be located on the Site and readable from a minimum distance of 15.0 m from the Front Lot Line or Flanking Side Lot Line;
4.9.2. remain posted and readable until the relevant Rezoning Amendment application is approved or refused by Council, struck from Council's agenda, or withdrawn;
4.9.3. not exceed 3.0 m in Height; and
4.9.4. have a minimum Sign Area of 1.0 m2 and a maximum Sign Area of 3.0 m2.
 
4.10 The design and Copy of a Rezoning Amendment application information Sign must contain the following information:  
 
4.10.1. the municipal address of the Site;
4.10.2. the current Zone applicable to the Site;
4.10.3. the Zone proposed for the Site;
4.10.4. a general description of the type and scale of development activities that could happen within the proposed Zone;
4.10.5. a reference to the City's website where more information regarding the Rezoning Amendment application may be found;
4.10.6. the contact information for the City
4.10.7. applicant name and contact information;
4.10.8. a graphic showing the location and boundaries of the subject Site; and
4.10.9. any other similar information as required by the Development Planner.

 

 

 

 

 

 

 

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4.11. Within 7 days of the placement of the Rezoning Amendment application information Sign, the applicant must contact the Development Planner in writing indicating that the Sign has been placed in accordance with the requirements of this Bylaw.  
4.12. Where the applicant is not the owner of the subject Site, the Development Planner must authorize an alternative notification, which may not meet all of the requirements of Subsection 4.9.1, on public property adjacent to the subject Site.  
4.13. All Rezoning Amendment application information Signs must be removed no later than 30 days following the date of the approval or refusal of the Rezoning Amendment application by Council or the date of withdrawal of the application.  

 

7.60 Application of Overlays

To alter or specify additional regulations in otherwise appropriate Zones in order to achieve local planning objectives, such as the protection of the environment or the reduction of risk, in specially designated areas, in compliance with applicable Statutory Plans.

2.1. An Overlay must only be applied to Zones through a Text Amendment and must include:
 
2.1.1. the name of any applicable Statutory Plan and its boundary;
2.1.2. a map of the Overlay boundary at an appropriate scale; and
2.1.3. development regulations specified or altered by the Overlay.
2.2. An Overlay must not be used:
 
2.2.1. to alter regulations in, or add additional regulations to, a Direct Control Zone;
2.2.2. to alter a Permitted Use or Discretionary Use;
2.2.3. where proposed regulations or alterations to regulations in an underlying Zone:
 
2.2.3.1. are significant enough to be inconsistent with the Purpose of that Zone and the designation of another Zone would be more appropriate;
2.2.3.2. are not related to specific local planning objectives but would have sufficient City-wide application to justify a Text Amendment to a standard Zone; or
2.2.3.3. are intended to provide Site-specific control over the development and the use of a Direct Control Zone would be more appropriate;
2.2.4. to alter the following Parts or Sections of this Bylaw:
 
2.2.4.1. Part 1;
2.2.4.2. Section 5.40;
2.2.4.3. Section 5.120;
2.2.4.4. Part 7; and
2.2.4.5. Part 8.

 

3.1. Where a regulation in an Overlay alters a regulation in the underlying Zone, the regulations prescribed in the Overlay must be substituted for the specified regulations of the underlying Zone. 
3.2. Where there appears to be a conflict between a regulation in an Overlay and a regulation in the underlying Zone, the regulation in the Overlay must take precedence.
3.3. The regulations in the Airport Protection Overlay, Floodplain Protection Overlay, and North Saskatchewan River Valley and Ravine System Protection Overlay, must take precedence over the regulations in any other Overlay.
3.4. An Overlay may alter or establish the following regulations and associated submission requirements, and may specify when the regulations apply:
 
3.4.1 Density;
3.4.2. Site dimensions and area;
3.4.3. Height;
3.4.4. Floor Area restrictions and Floor Area Ratio;
3.4.5. Setbacks;
3.4.6. Amenity Area;
3.4.7. maximum parking;
3.4.8. architectural and Site design;
3.4.9. performance standards;
3.4.10. Landscaping;
3.4.11. Accessory buildings or structures;
3.4.12. Signs;
3.4.13. special environmental considerations, which may include geotechnical, flood proofing, noise attenuation and servicing requirements; and
3.4.14. special public consultation requirements for a Development Permit application.

 

7.70 Application of Special Areas

A Special Area is a defined geographic region with special or unique attributes. Special Area Zones may be applied within a Special Area to regulate the use, design and intensity of development where the objectives of a Statutory Plan cannot be satisfactorily achieved through standard Zoning.

2.1. A Special Area may only be established in the following cases:
 
2.1.1. where an approved Statutory Plan, in effect at the time of passage of the Special Area, states that a Special Area may be established to achieve clearly stated objectives;
2.1.2. for the River Valley Special Area to apply to specified lands within the boundaries of the North Saskatchewan River Valley Area Redevelopment Plan; or
2.1.3. for Edmonton South Special Area to apply to lands annexed from Leduc County on January 1, 2019.
2.2. All Special Area Zones created for a Special Area must only be used within the boundaries of the Special Area.
2.3. This Section only applies to Special Areas and Special Area Zones and does not apply to standard Zones or Direct Control Zones located within the boundary of a Special Area.
2.4. Special Areas and Special Area Zones must not be used:
 
2.4.1. where the proposed regulations:
 
2.4.1.1. are minor changes from the regulations of the closest equivalent standard Zone;
2.4.1.2. are not related to unique local planning objectives;
2.4.1.3. have sufficient City-wide application so that a Text Amendment to a standard Zone would be more appropriate; or
2.4.1.4. are intended to provide Site-specific control over development so that the use of a Direct Control Zone would be more appropriate; or
2.4.2. to alter the following Parts or Sections of this Bylaw:
 
2.4.2.1. Part 1;
2.4.2.2. Section 5.40;
2.4.2.3. Section 5.120;
2.4.2.4. Part 7;
2.4.2.5. Section 8.10, except that new Uses may be added and listed in Special Area Zones; and
2.4.2.6. Section 8.20, except Edmonton South Special Area may contain its own General Definitions.

 

3.1. Special Areas and Special Area Zones must only be established through an amendment to the Zoning Bylaw.
3.2. In addition to the application requirements detailed in Subsection 1.1 of Section 7.50, a Special Area Text Amendment application must include:
 
3.2.1. a map of the Special Area boundary;
3.2.2. the purpose of the Special Area; 
3.2.3. a statement explaining why a standard Zone could not implement the special or unique development objectives of the specified geographic area;
3.2.4. a statement explaining how the proposed Special Area complies with the applicable Statutory Plan; and
3.2.5. Special Area Zones created for use within the Special Area.
3.3. Special Area Zones created for use within the Special Area must:
 
3.3.1. have a name that would not be confused with any standard Zone;
3.3.2. include a statement describing the purpose of the Zone;
3.3.3. include a list of Permitted or Discretionary Uses, or both;
3.3.4. contain regulations related to the listed Uses; and
3.3.5. contain any additional regulations that may be necessary.

 

7.80 Application of Direct Control Zones

To provide direct control of development on a Site or within a specified area where a standard Zone would be inappropriate or inadequate.

2.1. A Direct Control Zone must only be used to regulate development where:
 
2.1.1. it exceeds the regulations of the closest equivalent standard Zone to accommodate unique development;
2.1.2. the proposed development requires specific or comprehensive regulations to mitigate land use conflicts with neighbouring Sites;
2.1.3. the proposed development is located on a Site that has unique characteristics that require specific regulations;
2.1.4. the ongoing operation of the proposed development requires specific regulations;
2.1.5. the Site or area has a special environmental concern, as identified in a Statutory Plan; or
2.1.6. the Site or area concerns a designated historic resource of special historical, cultural, paleontological, archeological, prehistorical, natural, scientific, or aesthetic interest.

 

3.1. At least 21 days before submitting a Direct Control Rezoning Amendment application as detailed in Section 7.50, an applicant must send a notice to:
 
3.1.1. the assessed owner of land that is subject to the Direct Control Rezoning Amendment;
3.1.2. the municipal address and the address of the assessed owners of land that are wholly or partly within 60.0 m of the boundaries of the Site;
3.1.3. the president of any applicable community leagues; and 
3.1.4. the executive director of each business improvement area operating within 60.0 m of the Site.
3.2. The notice required in Subsection 3.1 must:
 
3.2.1. include information about the Rezoning Amendment application; and
3.2.2. request feedback on the information provided in Subsection 3.2.1.
3.3. Despite Subsection 3.1, pre-application notification is not required for Direct Control Rezoning Amendment applications for designated historic resources, where the character of the development is not significantly altered or the Use is not being changed or significantly intensified.

 

4.1. In addition to the application requirements detailed in Subsection 2.1 of Section 7.50, a Direct Control Rezoning Amendment application must include:
 
4.1.1. the proposed Direct Control Zone, which must include:
 
4.1.1.1. the Purpose of the Zone;
4.1.1.2. the area of application;
4.1.1.3. Uses;
4.1.1.4. development regulations;
4.1.1.5. a Site plan, to be appended to the Direct Control Zone, that illustrates the specific development outcomes that are proposed; and
4.1.1.6. building elevations, to be appended to the Direct Control Zone, that illustrate the specific development outcomes that are proposed;
4.1.2. a statement explaining: 
 
4.1.2.1. why a standard Zone cannot achieve the desired outcomes, and why a Direct Control Zone is needed in compliance with Subsection 2.1;
4.1.2.2. how the proposed Direct Control Zone complies with the applicable Statutory Plans in compliance with Subsection 5.2; and
4.1.2.3. how the proposed Direct Control Zone complies with City policy, where applicable;
4.1.3. all feedback received from the pre-notification requirement detailed in Subsection 3, including all opinions or concerns expressed by notification recipients, and including any modifications that were made to the application to address their concerns; and
4.1.4. additional information as required by the Development Planner to determine whether the proposed Use or development is consistent with an approved Statutory Plan.
4.2. Despite Subsections 4.1.1.5 and 4.1.1.6, the Development Planner may waive the requirement to provide a Site plan or building elevations where, in the Development Planner’s opinion, they are not required to achieve the development outcomes of the Direct Control Zone.

 

5.1. Unless specifically excluded or modified by a regulation of a Direct Control Zone, all regulations in the Zoning Bylaw apply to development in a Direct Control Zone. Site plans and building elevations cannot exclude or modify regulations of the Zoning Bylaw.
5.2. Proposed development must comply with policies in an applicable Statutory Plan, except that:
 
5.2.1. a regulation or condition applying as a result of the designation of a historical resource under the Historical Resources Act, must take precedence.
5.3. Unless otherwise specified in a Direct Control Zone, Sign Uses must comply with Subsections 3 and 9 of Section 6.90.

 

7.90 Responsibility of the Subdivision Authority

1.1. Unless extended by an agreement in writing between the applicant and the Subdivision Authority, within 20 days after the receipt of an application for the subdivision of land the Subdivision Authority must:
 
1.1.1. issue a written acknowledgment to the applicant advising that the application is complete; or
1.1.2. issue a written notice to the applicant advising that the application is incomplete, listing the documentation and information that is still required, and setting a date that the required documentation and information must be submitted.
1.2. Upon receipt of the required documentation and information by the date set in the notice issued under Subsection 1.1.2, the Subdivision Authority must issue a written acknowledgment to the applicant advising that the application is complete.
1.3. If the required documentation and information is not provided by the date set in the notice issued under Subsection 1.1.2, the Subdivision Authority must issue a written notice to the applicant stating that the application has been refused and the reason for the refusal.
1.4. Despite the issuance of a written acknowledgement under Subsections 1.1.1 and 1.2, the Subdivision Authority may request additional information or documentation from the applicant that the Subdivision Authority considers necessary to review the application.

 

2.1. An acknowledgement or notice issued under Subsection 1 must include:
 
2.1.1. the date that the acknowledgement or notice was issued;
2.1.2. contact information for the City;
2.1.3. the municipal address of the property subject to the application;
2.1.4. the City file number for the application; and
2.1.5. any other information at the discretion of the Subdivision Authority.

 

7.100 Authority and Responsibility of the Development Planner

1.1. The Development Planner:
 
1.1.1. must receive all applications;
1.1.2. must ensure that a register of applications is maintained, and is made available to any interested person during normal office hours;
1.1.3. must review each application to determine whether it is complete in compliance with the information requirements and Subsection 2, and if the application complies, enter the application into the register of applications;
1.1.4. must confirm in writing that an application has been received if requested by the applicant;
1.1.5. must review each application to determine its appropriate Use, and may require the applicant to apply for a different Use;
1.1.6. must approve an application for a Permitted Use, with or without conditions in compliance with Section 7.150, provided the development complies with the regulations of this Bylaw;
1.1.7. must refuse an application for a Permitted Use if the development does not comply with the regulations of this Bylaw, unless the Development Planner varies the regulations in compliance with Subsection 1.1.8;
1.1.8. may vary a regulation in a Zone or other Sections of this Bylaw:
 
1.1.8.1. in compliance with the regulations contained in that Zone or Section; or
1.1.8.2. in compliance with Subsections 4, 5 and 6, 
and in such case, the approval is for a Discretionary Development;
1.1.9. when considering an application for a Discretionary Development, may approve the application with or without conditions in compliance with Section 7.150, with or without changes in the design of the development, or with or without the imposition of regulations more restrictive than those required by this Bylaw; 
1.1.10. may refuse an application for Discretionary Development even if it meets the requirements of this Bylaw;
1.1.11. may, in compliance with the regulations of this Bylaw:
 
1.1.11.1. refuse; or
1.1.11.2. approve, with or without conditions;
an application for development in a Direct Control Zone; and
1.1.12. must give notice of their decision on applications in compliance with Section 7.160.
1.2. Where the Development Planner requires information as specified in this Bylaw, the Development Planner, according to the information received, and to their satisfaction:
 
1.2.1. may impose conditions for a Discretionary Development that are necessary to ensure that the Site is suitable for the full scope of development proposed in the application; 
1.2.2. must refuse a Discretionary Development where the Development Planner determines that the Site is not suitable for the full scope of development proposed in the application; or
1.2.3. may impose conditions for a Permitted Development as specified in this Bylaw.

 

2.1. Unless extended by an agreement in writing between the applicant and the Development Planner, within 20 days after the receipt of a Development Permit application the Development Planner must:
 
2.1.1. issue a written acknowledgment to the applicant advising that the application is complete in compliance with Subsection 2.1.2 of Section 7.130; or
2.1.2. issue a written notice to the applicant advising that the application is incomplete, listing the documentation and information that is required, and setting a date that the required documentation and information must be submitted.
2.2. Upon receipt of the required documentation and information by the date set in the notice issued under Subsection 2.1.2, the Development Planner must issue a written acknowledgment to the applicant advising that the application is complete.
2.3. Where the required documentation and information is not provided by the date set in the notice issued under Subsection 2.1.2, the Development Planner must issue a written notice to the applicant stating that the application has been refused and the reason for the refusal.
2.4. Despite the issuance of a written acknowledgement under Subsections 2.1.1 or 2.2, the Development Planner may request additional information or documentation from the applicant that the Development Planner considers necessary to review the application.
2.5. If no decision is made on an application within 40 days after the applicant receives the acknowledgment that the application is complete under Subsections 2.1.1 or 2.2, the application is, at the option of the applicant, deemed to be refused.

 

3.1. An acknowledgment or notice issued under Subsection 2 must include:
 
3.1.1. the date that the acknowledgment or notice was issued;
3.1.2. contact information for the City;
3.1.3. the municipal address of the property subject to the application;
3.1.4. the City file number for the application; and
3.1.5. any other information at the discretion of the Development Planner.

 

4.1. The Development Planner may approve a Development Permit application, with or without conditions, that does not comply with this Bylaw by granting a variance in compliance with Subsections 5 and 6.
4.2. The Development Planner may approve a Development Permit application, with or without conditions, for an enlargement, alteration or addition to a non-conforming building by granting a variance in compliance with Subsections 5 and 6.
4.3. A variance must not be granted for a Development Permit application within a Direct Control Zone except where the ability to grant a variance is specified:
 
4.3.1. within the Direct Control Zone;
4.3.2. within an applicable regulation of a previous land use bylaw where such regulation has been referred to in the Direct Control Zone; or
4.3.3. within an applicable regulation of this Bylaw.
4.4. In the case of a conflict between Subsection 4.3 and the applicable Direct Control Zone, the Development Planner must comply with the provisions of the applicable Direct Control Zone.
4.5. A Development Permit application approved with a variance is a Discretionary Development.

 

5.1. Before the Development Planner considers a variance, the applicant must submit written justification specifying:
 
5.1.1. the reasons for the variance request; and
5.1.2. any other justification as requested by the Development Planner to determine compliance with Subsections 5.2 to 5.4.
5.2. To grant a variance, the Development Planner must be satisfied that the proposed development:
 
5.2.1. would not:
 
5.2.1.1. unduly interfere with the amenities of the neighbourhood; or
5.2.1.2. materially interfere with or affect the use, enjoyment or value of neighbouring properties;
5.2.2. conforms with the Use prescribed for that land or building in this Bylaw; and
5.2.3. conforms with any other applicable variance requirements specified in this Bylaw.
5.3. In addition to the criteria listed in Subsection 5.2, the Development Planner must also be satisfied that the proposed development: 
 
5.3.1. complies with the Municipal Development Plan and any other applicable Statutory Plan; 
5.3.2. conforms to the Purpose of the Zone and any applicable Overlay; and
5.3.3. is consistent with sound land use planning principles.
5.4. When deciding whether to grant a variance, the Development Planner may also consider whether the land where the proposed development is sited has unusual physical features, including but not limited to:
 
5.4.1. slope; 
5.4.2. grade; or
5.4.3. shape,
that otherwise makes it unreasonable for the proposed development to comply with the regulations of this Bylaw.

i

7.110 Approvals Required and Development Categories

1.1. No person may:  
 
1.1.1. undertake, or cause or allow to be undertaken, a development; or
1.1.2. carry on, or cause or allow to be carried on, a development,
without a Development Permit issued under this Section.
1.2. Despite Subsection 1.1, a Development Permit is not required where a development is in compliance with Section 7.120.

 

2.1. An issued Development Permit means that a proposed development has been reviewed against the provisions of this Bylaw. It does not remove obligations to conform with other legislation, bylaws or land title instruments including, but not limited to:
 
2.1.1. the Municipal Government Act;
2.1.2. the Safety Codes Act;
2.1.3. the Historical Resources Act; and
2.1.4. caveats, restrictive covenants, or easements that may be attached to the Site.

 

3.1. This Bylaw contains the following development categories:
 
3.1.1. Permitted Development;
3.1.2. Discretionary Development; and
3.1.3. No Development Permit Required.
3.2. A Permitted Development includes a development that:
 
3.2.1. is a Permitted Use;
3.2.2. is Accessory to a Permitted Use; or
3.2.3. is in a Direct Control Zone,
for which a Development Permit application is required and the application fully complies with the regulations of this Bylaw. 
3.3. As specified in Section 7.100, the Development Planner must approve a Development Permit for a Permitted Development.
3.4. A Discretionary Development includes a development that:
 
3.4.1. is a Discretionary Use;
3.4.2. is Accessory to a Discretionary Use;
3.4.3. despite Subsection 3.2.2, is an Accessory Use to a non-Residential Use in a residential Zone;
3.4.4. requires a variance to 1 or more regulations of this Bylaw; or
3.4.5. is indicated as a Discretionary Development in this Bylaw.
3.5. As specified in Section 7.100 of this Bylaw, the Development Planner may or may not approve a Development Permit for a Discretionary Development.
3.6. No Development Permit Required means a development that complies with the criteria specified in Section 7.120 of this Bylaw.

 

7.120 No Development Permit Required

1.1. All development requires a Development Permit, except for those listed in Subsections 1.4 through 9.
1.2. Minor developments within a Direct Control Zone that are similar to other developments specified in Subsections 1.4 through 9 do not require a Development Permit.
 
1.2.1. Despite Subsection 1.2, in case of a conflict between this Section and the applicable Direct Control Zone, the regulations of the Direct Control Zone prevail.
1.3. Despite Subsection 1.1, a Development Permit is required for the following developments on Sites located within the North Saskatchewan River Valley and Ravine System Protection Overlay where the applicable Zone includes 1 or more Residential Uses:
 
1.3.1 Accessory buildings, Platform Structures or structures, or the removal of an Accessory building, Platform Structure, or structure;
1.3.2. Urban Agriculture Uses;
1.3.3. cisterns, septic tanks, or other underground water and wastewater retention facilities; and
1.3.4. Water Retention Structures.
1.4. Any Use authorized by the City Manager on a temporary basis where a state of local emergency has been declared by Council does not require a Development Permit for the duration of that state of local emergency.

 

2.1. Demolition of a building or structure where a Development Permit has been issued for a new development on the same Site, and the demolition of the existing building or structure is implicit in that Development Permit.

 

3.1. An Accessory building less than or equal to 10.0 m2 in area, provided it:  
 
3.1.1. complies with the regulations of this Bylaw;
3.1.2. is not in the NA Zone; and
3.1.3. is not a Hen Enclosure.
 
3.2. A temporary structure, provided it is implicit to the construction or alteration of a building, where that building has a Development Permit.  
3.3. An accessibility ramp, provided it complies with the regulations of this Bylaw.  
3.4. Minor structures less than or equal to 2.0 m in Height that are Accessory to a Residential Use, such as a barbecue, bird feeder, dog house, lawn sculpture, or Water Retention Structure.  
3.5. Trails and paths, including pedestrian and fitness trails and paths, on a Site within the area of application of the North Saskatchewan River Valley and Ravine System Protection Overlay, that have been deemed essential by Council.  
3.6. A Solar Collector that complies with the regulations of this Bylaw, and is mounted on a building that is not listed on the Inventory or Register of Historic Resources in Edmonton.  
3.7. The construction of any Fence, wall or gate, provided that the construction and placement of the structure complies with this Bylaw. a
3.8. The construction of Privacy Screening, provided that the construction and placement of the structure complies with this Bylaw. a

 

4.1. Interior alterations and maintenance to a residential building, including mechanical or electrical work, provided that such alterations and maintenance do not result in:
 
4.1.1. a change in the number of Dwellings, within the building or on the Site;
4.1.2. the operation of a Lodging House or an increase in the number of Sleeping Units in a Lodging House;
4.1.3. a change of Use; or
4.1.4. the addition of a new Use except a Home Based Business that complies with Subsection 4.6.
4.2. The parking or storage, or both, of any uninhabited Recreational Vehicle in a residential Zone, where parking or storage complies with Subsection 5 of Section 5.120.
4.3. A Platform Structure or unenclosed step, including a landing, that is located entirely within a Rear Yard or Interior Side Yard, and is 1.2 m or less in Height, above the ground at its highest point excluding railings, which complies with this Bylaw.
4.4. A Home Based Business, including Home Based Child Care, if:
 
4.4.1. it is a Permitted Use in the Zone or a listed Use in a Direct Control Zone;
4.4.2. it complies with the regulations of this Bylaw;
4.4.3. the only on-Site employees of the Home Based Business live in the associated Dwelling;
4.4.4. the maximum number of business associated visits per day is 6, except that this does not apply to Home Based Child Care;
4.4.5. the external appearance of the Dwelling and any Accessory building are unchanged, excluding Signs in compliance with Subsection 4.6.6; and
4.4.6. any Fascia Sign advertising a Home Based Business complies with Subsection 8.12.

 

5.1. A change of Use, provided that:
 
5.1.1. it is a change of Use from 1 or more non-Residential Uses to 1 or more of the following Uses:
 
5.1.1.1. Community Service, excluding Year-round Shelter and Seasonal Shelter;
5.1.1.2. Food and Drink Service;
5.1.1.3. Health Service;
5.1.1.4. Indoor Sales and Service;
5.1.1.5. Library;
5.1.1.6. Minor Indoor Entertainment; or
5.1.1.7. Office;
5.1.2. it does not result in exterior alterations to the building or Site;
5.1.3. it does not result in additional Floor Area to the building;
5.1.4. the new Use is a Permitted Use in the Zone or is a listed Use in a Direct Control Zone; and
5.1.5. it complies with regulations that restrict the size and location of the Use in the applicable Zone.

 

6.1. Interior alterations and maintenance to a non-Residential building, including mechanical or electrical work, provided that there is no:
 
6.1.1. change of Use;
6.1.2. change to the intensity of the Use; or
6.1.3. addition of a new Use,
except in accordance with Subsection 5.1.
6.2. An Accessory Community Services Use, limited to cultural, religious or spiritual activities, provided that the development does not result in: 
 
6.2.1. exterior alterations to the building or Site; or
6.2.2. additional Floor Area to the building. 
6.3. Buildings for Agriculture Uses, except those used as Dwellings.
6.4. Flood control and hydroelectric dams.
6.5. A Protected Natural Area Use that does not include a new building or structure.
6.6. The Use of a building or part of a building as a temporary polling station, Returning Officer's headquarters, candidate's campaign office, or any other official temporary Use in connection with a federal, provincial or municipal election, referendum, or census.
6.7. The construction and maintenance of an Essential Utility development.
Telecommunications and Transmitting Structures
6.8. The construction and placement of towers and poles, television and other communications aerials, masts or transmitting structures, where they are located on a Site that is not Zoned residential.
Special Events
6.9. A Special Event that complies with Subsections 3, 4, 5 and 6 of Section 6.100 and:
 
6.9.1. is on a Site owned by the City of Edmonton Zoned A, BP, PS, PSN, PU, UF or a River Valley Special Area Zone;
6.9.2. is for the purpose of seasonal plant sales Accessory to a non-Residential Use and complies with Subsection 2 of Section 6.100; or
6.9.3. does not exceed 7 consecutive days, or 7 cumulative days per calendar year.
Outdoor Patio Spaces
6.10. Exterior alterations for the development of a patio that is Accessory to a Bar, Food and Drink Service, or Custom Manufacturing Use in the form of microbreweries, wineries and distilleries, that is operating under an existing valid Development Permit, or that is exempt from requiring a Development Permit under Subsection 5.1, where:
 
6.10.1. the new or expanded patio space complies with the requirements of this Bylaw except that the patio space may be located within a Setback, other than a Setback Abutting a Site Zoned residential, despite any regulation prohibiting development within a Setback;
6.10.2. existing trees and shrubs are not removed or damaged;
6.10.3. the required number of designated Barrier-free parking spaces remain available for Barrier-free parking use;
6.10.4. Fences and barriers, planters, and Platform Structures such as decks or stages comply with this Bylaw and are less than or equal to 1.3 m in Height;
6.10.5. no part of the patio, including exit gates, opens or encroaches into road right-of-way, unless approval is given by the appropriate City department; and
6.10.6. the use of any audio-visual equipment, including but not limited to television, speakers, and video displays are:
 
6.10.6.1. not installed at a Height greater than 2.1 m, measured from the highest portion of the device, including any structural posts, to the ground directly beneath the device at that point;
6.10.6.2. not attached to a building;
6.10.6.3. facing away from vehicle traffic; and
6.10.6.4. not arranged consecutively to create a wall or visual barrier where adjacent to a Street.
Outdoor Retail Spaces
6.11. Exterior alterations for the development of an outdoor retail space that is Accessory to an Indoor Sales and Service Use that is operating under an existing valid Development Permit or that is exempt from requiring a Development Permit under Subsection 5.1, where:
 
6.11.1. all aspects of the new or expanded outdoor retail space comply with this Bylaw except that the retail space may be located within a Setback other than a Setback Abutting a Site Zoned residential, despite any regulation prohibiting development within a Setback;
6.11.2. existing trees and shrubs are not removed or damaged;
6.11.3. the required number of designated Barrier-free parking spaces must remain available for Barrier-free parking use;
6.11.4. Fences and barriers, planters, and Platform Structures such as decks or stages comply with this Bylaw and are less than or equal to 1.3 m in Height;
6.11.5. neither the sale nor on-site consumption of alcohol, tobacco, or Cannabis are taking place within the outdoor retail space;
6.11.6. cooking and food and drink preparation areas are not within an outdoor retail space;
6.11.7. no part of the outdoor retail space, including exit gates, opens or encroaches into road right-of-way, unless approval is given by the appropriate City department; and
6.11.8. there are no outdoor speakers or amplification systems within the outdoor retail space.

 

7.1. Landscaping, where the existing Grade and natural surface drainage pattern are not materially altered, provided the Landscaping complies with Section 5.60, except where Landscaping forms part of a development that requires a Development Permit. 
7.2. A Park Use that:
 
7.2.1. is on a Site Zoned PS, PSN, A, NA, UF, BP where the development is or will be carried out under the provisions of a development agreement with the City of Edmonton;
7.2.2. complies with the regulation of the Zone; and
7.2.3. does not include the development of buildings or structures greater than 10.0 m2.
7.3. An Urban Agriculture Use that:
 
7.3.1. is a Permitted Use in the Zone or a listed Use in the Direct Control Zone;
7.3.2. complies with the regulations of the Zone;
7.3.3. is located outdoors or within an existing building with a valid Development Permit and which does not result in exterior alterations to the building; and
7.3.4. does not include the development of buildings or structures greater than 10.0 m2.
7.4. A Parking Facility Use that:
 
7.4.1. does not result in exterior alterations to the Site, Surface Parking Lot or Parkade; and
7.4.2. does not result in additional Floor Area within a Parkade or Surface Parking Lot, where applicable.

 

General Sign Exemptions
8.1. An official notice, Sign, placard or bulletin required or permitted to be displayed in compliance with federal, provincial or municipal legislation.  
8.2. A Sign used for the direction or control of traffic or pedestrian or active mobility users’ movement, where authorized by the City department responsible for transportation planning.  
8.3. A Rezoning Amendment application Sign required by Section 7.50.  
8.4. A Development Permit notification Sign required by Section 7.160.  
8.5. Municipal address numbers or letters displayed on the premises to which they refer.  
8.6. A Flag.  
8.7. A Mural.  
8.8. A Mural Sign:  
 
8.8.1. where the text is limited to the artist’s name, benefactor or mural sponsor, and is less than 10% of the Sign Area; or
8.8.2. where the text includes the artist’s name and historical, cultural, educational or wayfinding information and is less than 25% of the Sign Area.
 
8.9. Seasonal or Holiday Decorations.  
8.10. A Sign placed inside a building that is intended to be viewed from within the interior of that building.  
8.11. A Sign associated with a Special Event that complies with Subsection 7 of Section 6.100.  
8.12. A Fascia Sign associated with a Home Based Business that:  
 
8.12.1. is non-illuminated and does not include Digital Copy;
8.12.2. is less than or equal to 0.3 m x 0.4 m; and
8.12.3. complies with applicable regulations in this Bylaw.
 
8.13. A Sign associated with Urban Agriculture that:  
 
8.13.1. complies with Subsections 3.1 and 3.2 of Section 6.90;
8.13.2. is non-illuminated and does not include Digital Copy;
8.13.3. has a maximum Sign Area of 1.0 m2; and
8.13.4. is less than or equal to 1.5 m in Height.
a
8.14. A Ground Sign that:  
 
8.14.1. complies with Subsection 3 of Section 6.90;
8.14.2. is less than or equal to 3.0 m in Height;
8.14.3. is located on the interior of a Site; and 
8.14.4. is not intended to be viewed from the Abutting Street or Alley.
 
8.15. Unless otherwise stated in this Bylaw, changing the Copy of an existing Sign that has a valid Development Permit, provided it does not change the:  
 
8.15.1. Use;
8.15.2. location;
8.15.3. size;
8.15.4. Height;
8.15.5. general design of the overall Sign; or
8.15.6. method of illumination.
 
8.16. A Temporary Sign that:  
 
8.16.1. complies with Subsections 3.1 and 3.2 of Section 6.90;
8.16.2. is used for real estate sales or leasing;
8.16.3. is non-illuminated and does not include Digital Copy;
8.16.4. is less than or equal to 2.0 m in Height; and
8.16.5. has a maximum Sign Area of 5.0 m2.

a

a
8.17 A Temporary Sign that:   
 
8.17.1 complies with Subsections 3.1 and 3.2 of Section 6.90;
8.17.2. contains On-premises Advertising;
8.17.3. is non-illuminated and does not include Digital Copy;
8.17.4. is implicit to the construction or alteration of a development, where the development has a valid Development Permit; and
8.17.5. is on the Site for no longer than the duration of the construction or alteration.
a
Specific Sign Exemptions in Residential Zones
  
8.18. A Temporary Sign that:  
 
8.18.1. complies with Subsections 3.1 and 3.2 of Section 6.90;
8.18.2. is located in a residential Zone;
8.18.3. is non-illuminated;
8.18.4. is a Directional Sign;
8.18.5. is less than or equal to 1.2 m in Height; and
8.18.6. has a maximum Sign Area of 1.0 m2.
a
8.19. A maximum of 2 Ground Signs with On-premises Advertising at each entrance to a subdivision or neighbourhood where: a
 
8.19.1. they do not contain Digital Copy;
8.19.2. the Copy is limited to the marketing name of the subdivision and includes the official municipal name of the neighbourhood;
8.19.3. they are located entirely on private property within the area they refer, unless approval is granted by the appropriate City department; and
8.19.4. the marketing name is not the same as an official municipal name previously assigned to another neighbourhood in the City of Edmonton.
 
Specific Sign Exemptions in Non-Residential Zones
  
8.20. A Ground Sign, that: a
 
8.20.1. complies with Subsections 3.1 and 3.2 of Section 6.90
8.20.2. contains On-premises Advertising;
8.20.3. is located in a non-residential Zone;
8.20.4. does not contain Digital Copy;
8.20.5. is less than or equal to 1.5 m in Height; and
8.20.6. has a maximum Sign Area of 1.0 m2.
a
8.21. A Window Sign that:  
 
8.21.1. contains On-premises Advertising;
8.21.2. is located in a non-residential Zone;
8.21.3. is a Temporary Sign installed for less than 30 days;
8.21.4. does not contain Digital Copy; and
8.21.5. complies with applicable regulations in this Bylaw.
 
8.22. A maximum of 1 Banner Sign per individual business premises announcing the opening of a new business, closing of a business, or change in management that:  
 
8.22.1. complies with Subsections 3.1 and 3.2 of Section 6.90;
8.22.2. contains On-premises Advertising;
8.22.3. is located in a non-residential Zone;
8.22.4. is installed for less than 30 days;
8.22.5. is not installed on or above a roof or parapet of a building; and
8.22.6. has a maximum Sign Area of 5.0 m2.
a
8.23. A Fascia Sign that:  
 
8.23.1. complies with Subsections 3.1 and 3.2 of Section 6.90;
8.23.2. contains On-premises Advertising;
8.23.3. is located in a non-residential Zone;
8.23.4. is non-illuminated; and 
8.23.5. is less than or equal to 0.5 m2 in Sign Area.
a
8.24. A maximum of 3 Flag Signs per Site that:  
 
8.24.1. are Temporary Signs;
8.24.2 complies with Subsections 3.1 and 3.2 of Section 6.90;
8.24.3. contain On-premises Advertising;
8.24.4. are located in a non-residential Zone;
8.24.5. do not extend higher than the maximum Height allowed for a Freestanding Sign as specified in Section 6.90; and
8.24.6. have a maximum Sign Area of 2.0 m2.

a

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9.1. Within Edmonton South Special Area, a Development Permit is not required for the following, provided they comply with all relevant regulations of this Bylaw:
 
9.1.1. An accessory building less than or equal to 10.0 m2 in area and 2.0 m in height.
9.1.2. Agriculture, Extensive; Agriculture, Livestock or Agriculture, Horticulture Use, structure, excavation or building in a district where the Use is listed as permitted, including but not limited to a barn, hay shed, machine shed, livestock shelter, granary, dugout, and the outdoor storage of equipment, supplies and products directly associated with the agricultural operation, but not including a dwelling. Despite the foregoing, these exemptions do not apply to Cannabis or any Cannabis related Uses.
9.1.3. A deck up to 40.0 m2 with a floor level less than or equal to 0.6 m above building grade.
9.1.4. The demolition of a building or structure where the demolition is implicit in an issued development permit for new development on the Site.
9.1.5. A fence, gate, or wall less than or equal to 2.0 m in height, or in a non-residential area a chain-link security Fence less than or equal to 2.5 m in height.
9.1.6. A foster home approved by the Province.
9.1.7. A Home Based Business – Type 1.
9.1.8. An interior building alteration, provided the alteration is not a structural alteration and does not increase the number of dwellings or the intensity of a non-residential Use.
9.1.9. Landscaping, including sidewalks, driveways, retaining walls, and patios, where the existing lot grade and natural drainage pattern is not significantly altered and will not create off-site impacts.
9.1.10. Outdoor storage of 2 unlicensed vehicles per dwelling provided such storage is not within a front yard.
9.1.11. Play structures less than or equal to 10.0 m2 in area and 3.0 m in height.
9.1.12. Construction of municipal improvements in accordance with a valid development agreement, or exempted under provincial or federal legislation.
Signs
9.1.13. Signs, in accordance with the regulations of Subsection 6 of Section 3.60 and limited to the following:
 
9.1.13.1. election signs, official notices, signs placards or bulletins required or
permitted to be displayed pursuant to the provisions of federal, provincial or municipal legislation;
9.1.13.2. signs erected by and relating to the function of public or quasi-public bodies;
9.1.13.3. municipal address numbers or letters displayed on premises to which they refer;
9.1.13.4. seasonal or holiday decorations;
9.1.13.5. signs less than or equal to 2.0 m2 for the purpose of identification, direction and warning or relating to an institution of a religious, educational, cultural, recreational or similar character, and limited to 1 sign per lot or building;
9.1.13.6. temporary signs relating to the sale of real estate or agricultural products, on-site construction projects or hiring of workers and less than or equal to 3.0 m2, provided that the signs are removed within 7 days after completion of the events to which the signs relate;
9.1.13.7. temporary signs advertising garage sales, yard sales and events of a similar nature and less than or equal to 1.0 m2 , provided that the signs are removed within 48 hours after the events to which the signs relate;
9.1.13.8. interior window signs in industrial or commercial districts; and
9.1.13.9. signs, no larger than 0.4 m2 , for the direction and control of vehicles, pedestrians and parking.
9.1.14. Clearing, stripping, grading or excavation of land for agricultural purposes, public roads, as an integral part of a project for which a development permit has been issued or as a condition of a development agreement with the City.
9.1.15. A temporary building required for construction, maintenance, alteration or marketing of an approved development, provided it complies with this Bylaw, any other bylaw of the City, or the Airport Vicinity Protection Area Regulation, and it is removed within 30 days of project completion.
9.1.16. The temporary use of a building or part thereof as a polling station, returning officer’s headquarters, candidate’s campaign office and any other official temporary use in connection with a federal, provincial or municipal election, referendum or census.
9.1.17. Developments that are exempted in whole or in part from municipal regulations under provincial legislation, including but not limited to a highway or road, a well or battery within the meaning of the Oil and Gas Conservation Act, and a pipeline or an installation or structure incidental to the operation of a pipeline.
9.1.18. Developments that are exempted in whole or in part from municipal regulations under federal legislation including but not limited to telecommunications systems.
Landscaping
9.1.19. Landscaping,
 
9.1.19.1. where the amount of topsoil or similar material being deposited, is less than or equal to 100 m3, providing that the material deposited is sourced from within the confines of the subject parcel in which the landscaping is to occur, and does not impede or interfere with the natural flow of surface water onto adjacent lands or into public ditches; and
9.1.19.2. where a maximum of 10.0 m3 of topsoil or similar material is being deposited, excluding the Agricultural Edmonton South Zone (AES), in which the regulations of Section 3.61 are applicable.
9.1.20. The storage of 1 personal company vehicle up to a 5 ton capacity, not intended for business use on the premises, within the Agricultural Edmonton South Zone (AES) and the Country Residential Edmonton South Zone (RCES).
9.1.21. The personal storage of 1 personal company vehicle of a maximum 1 ton weight, not intended for business use on the premises in all other zones not specified in Subsection 9.1.20, provided that parking is supplied as specified in Subsection 5.8 of Section 3.60.

 

7.130 Development Permit Application Requirements

1.1. When applying for a Development Permit, the applicant must submit:
 
1.1.1. the appropriate Development Permit application fee;
1.1.2. the appropriate application form fully and accurately completed; and
1.1.3. the required documentation and information, as specified by:
 
1.1.3.1. the appropriate City department;
1.1.3.2. Section 7.140; and
1.1.3.3. the regulations of the applicable Zone or any other Section of this Bylaw,
that is fully dimensioned, accurately figured, explicit and complete to the satisfaction of the Development Planner.
1.2. For any agreement executed under Section 7.150 of this Bylaw, a fee may be required.

 

2.1. For the purposes of Section 7.100 of this Bylaw:
 
2.1.1. an application for a Development Permit is considered to be received when the applicant:
 
2.1.1.1. has submitted an application for development; and
2.1.1.2. has paid the required application fee.
2.1.2. an application for a Development Permit is considered to be complete for review when:
 
2.1.2.1. the application has been received in compliance with Subsection 2.1.1;
2.1.2.2. the applicant has submitted all required documentation and information for the proposed development in compliance with Subsection 1.1.3; and
2.1.2.3. the Development Planner is satisfied that the submitted information contains the details necessary to review the application in determining its appropriate Use in compliance with this Bylaw.
2.2. Despite Subsection 2.1.2:
 
2.2.1. An incomplete application may be accepted if the Development Planner is satisfied that a decision can be made without all of the documentation and information required by the appropriate City department. 
2.2.2. The applicant may be required to submit additional documentation and information that the Development Planner considers necessary to review the application.
2.3. The acceptance of any documentation and information, or approval of any Development Permit application, does not prevent the Development Planner from subsequently requiring the correction of errors. If an error results in the development being in violation of this Bylaw, the Development Planner is not prohibited from taking corrective action under Section 7.200 of this Bylaw.
2.4. Where a Development Permit application is determined to contain incorrect information, a Development Permit must not be approved until the information is corrected by the applicant.

 

7.140 Special Information Requirements

1.1. The Development Planner may require information relating to the proposed drainage of a Site or an Abutting Site to be submitted as part of a Development Permit application for new principal building construction of:
 
1.1.1. all Residential Uses, except in the form of Secondary Suites, located within the boundaries of Redeveloping Areas, as identified in the Municipal Development Plan;
1.1.2. Commercial Uses;
1.1.3. Industrial Uses;
1.1.4. Community Uses; and
1.1.5. Basic Service Uses.
1.2. Drainage information specified in Subsection 1.1 must be prepared to the satisfaction of the Development Planner, in consultation with the appropriate City department.
1.3. Drainage information specified in Subsection 1.1 may include, but is not limited to:
 
1.3.1. lot grading plans;
1.3.2. Site mechanical plans;
1.3.3. flood control plans;
1.3.4. stormwater management plans and calculations; and
1.3.5. other similar plans, drawings, or engineering reports that the Development Planner may require to determine if the Site is suitable for the range of Uses contemplated in the Development Permit application.
1.4. The Development Planner:
 
1.4.1. must consider the drainage information before making a decision on a Development Permit application; and
1.4.2. in consultation with the appropriate City department, may impose conditions on the Development Permit necessary to mitigate impacts identified in the drainage information.

 

2.1. The Development Planner, prior to providing a decision on the Development Permit application, must refer all Development Permit applications to the Edmonton Design Committee, where required by the Edmonton Design Committee Bylaw.
2.2. The Development Planner may refer a Development Permit application for a Minor Digital Sign or Major Digital Sign to the Edmonton Design Committee, where specified in this Bylaw.
2.3. The Development Planner:
 
2.3.1. must consider the Edmonton Design Committee’s recommendations before making a decision on the Development Permit application; and
2.3.2. may impose conditions on the Development Permit based on the recommendations provided by the Edmonton Design Committee.

 

3.1. The Development Planner may require an environmental assessment as part of a Development Permit application where:
 
3.1.1. the Development Planner has reason to believe that contaminants may exist; or
3.1.2. this requirement is specified in this Bylaw.
3.2. The environmental assessment information specified in Subsection 3.1 may include, but is not limited to:
 
3.2.1. environmental site assessments;
3.2.2. remedial action plans; and
3.2.3. risk management plans.
3.3. The environmental assessment information must be:
 
3.3.1. signed and stamped by a practicing member in good standing with one of the professional regulatory organizations as required by Alberta Environment and Parks; and
3.3.2. prepared to the satisfaction of the Development Planner, in consultation with the appropriate City department.
3.4. The Development Planner:
 
3.4.1. must consider the environmental assessment information before making a decision on a Development Permit application; and
3.4.2. in consultation with the appropriate City department, may impose conditions on the Development Permit necessary to mitigate impacts identified in the environmental assessment.

 

4.1. The Development Planner may require an environmental impact assessment as part of a Development Permit application where:
 
4.1.1. a proposed development is for industrial activities designated for either approval or registration under the Alberta Environmental Protection and Enhancement Act; or
4.1.2. this requirement is specified in this Bylaw.
4.2. The environmental impact assessment must:
 
4.2.1. be prepared by a qualified environmental professional who specializes in environmental impact assessments;
4.2.2. be prepared to the satisfaction of the Development Planner, in consultation with the appropriate City department;
4.2.3. identify the provincial standards for the proposed industrial operation;
4.2.4. identify the nature and quantities of substance releases;
4.2.5. identify any Uses that could be detrimentally impacted by the substance releases;
4.2.6. demonstrate what remedial and mitigative measures must be undertaken; and
4.2.7. identify and recommend separation distances or other land use planning measures that could be undertaken.
4.3. The Development Planner:
 
4.3.1. must consider the recommendations of the environmental impact assessment when making a decision on a Development Permit application; and
4.3.2. in consultation with the appropriate City department, may impose conditions on the Development Permit necessary to mitigate impacts identified in the environmental impact assessment.

 

5.1. The Development Planner may require a detailed geotechnical engineering study to be submitted as part of a Development Permit application where a proposed development is located on a Site:
 
5.1.1. partially or wholly located within the area of application of the North Saskatchewan River Valley and Ravine System Protection Overlay; or
5.1.2. that may be impacted by slope instability or other geotechnical hazards, as determined by the Development Planner, in consultation with the appropriate City department.
5.2. The geotechnical engineering study must:
 
5.2.1. be an authenticated and validated professional work product, prepared by a qualified Professional Engineer (P.Eng.) licensed by the Association of Professional Engineers and Geoscientists of Alberta to practice in Alberta;
5.2.2. be prepared to the satisfaction of the Development Planner, in consultation with the appropriate City department;
5.2.3. identify any Site-specific geotechnical hazards and make recommendations for mitigative measures, including applicable development restrictions to ensure the development adequately addresses any identified geotechnical hazards; and
5.2.4. conclude that the geotechnical design and construction recommendations are appropriate for the development and were made with adequate knowledge of the soil conditions and the proposed siting of the development upon the Site.
5.3. The Development Planner:
 
5.3.1. must consider the recommendations of the geotechnical engineering study before making a decision on a Development Permit application; and
5.3.2. in consultation with the appropriate City department, must impose conditions on the Development Permit necessary to mitigate the risks identified in the geotechnical engineering study.

 

6.1. The Development Planner, in consultation with the City department responsible for heritage planning, may require the applicant of a Development Permit to submit a municipal historic evaluation where a Development Permit application is for the demolition of a structure on the Inventory of Historic Resources in Edmonton.
6.2. The municipal historic evaluation must include:
 
6.2.1. the full address and legal description of the Site, including a brief discussion of Site context (such as the location of the structure on the Site, the orientation of the structure to street, and Site access);
6.2.2. photographs of elevations of all sides of the structure;
6.2.3. photographs of the structure in context with its surrounding streetscape with the perspective of the photograph identified;
6.2.4. photographs of the interior of the structure, including all rooms, corridors, stairwell/elevator locations, and main features such as fireplaces, windows, doors and other historic detailing;
6.2.5. photographs of external detail, structural or decorative, that is relevant to the structure’s historic significance that is not generally visible on photographs specified in Subsections 6.2.2 and 6.2.3, such as roof gable(s), decorative mouldings, corbelled chimney, window trims, and entrance features;
6.2.6. a brief written history of the structure including the original construction date, name of the original and subsequent owner(s), name of the original architect, name of the original builder, and information on the date and extent of subsequent alterations;
6.2.7. original plans or blueprints, or a scaled and dimensioned floor plan and line drawings of all elevations of the structure;
6.2.8. current Certificate of Title;
6.2.9. copies of real estate documents with information such as square footage, size of the Lot, and placement of the structure on the Lot;
6.2.10. information on materials of construction and information about the amenities of the structure, such as the number of rooms, bathrooms, fireplaces, and basement development;
6.2.11. a summary of the reason for the proposed demolition; and
6.2.12. any other information that may assist in recording the history of the structure, to the satisfaction of the Development Planner, in consultation with the City department responsible for heritage planning.
6.3. Where applicable, the Development Planner must receive the information specified in Subsection 6.2 before making a decision on the Development Permit application for demolition of a structure on the Inventory of Historic Resources in Edmonton.

 

7.1. The Development Planner may require parking and traffic information as part of a Development Permit application where:
 
7.1.1. the application is for a Discretionary Development; or
7.1.2. this requirement is specified in this Bylaw.
7.2. Parking and traffic information specified in Subsection 7.1 may include, but is not limited to:
 
7.2.1. a parking impact assessment;
7.2.2. a parking demand and management study;
7.2.3. a parking utilization count;
7.2.4. a traffic impact assessment;
7.2.5. a traffic study; and
7.2.6. similar information necessary to determine the land use impact of vehicle parking or traffic for the full range of Uses proposed in the Development Permit application.
7.3. The parking and traffic information must:
 
7.3.1. be an authenticated and validated professional work product, prepared by a qualified Professional Engineer (P.Eng.) licensed by the Association of Professional Engineers and Geoscientists of Alberta to practice in Alberta, to the satisfaction of the Development Planner in consultation with the appropriate City department; and
7.3.2. be prepared to the satisfaction of the Development Planner, in consultation with the appropriate City department.
7.4. The Development Planner:
 
7.4.1. must consider the parking and traffic information before making a decision on a Development Permit application; and
7.4.2. in consultation with the appropriate City department, may impose conditions on the Development Permit necessary to mitigate the land use impacts of vehicle parking.

 

8.1. The Development Planner may require a risk assessment as part of a Development Permit application where a proposed development:
 
8.1.1. involves the use, manufacturing, storage, or transportation of Dangerous Goods or hazardous substances; or
8.1.2. includes a Sensitive Use and the Site is: 
 
8.1.2.1. within 500 m of a rail line, high pressure pipeline, or Dangerous Goods route; or
8.1.2.2. within 1.5 km of a Site Zoned IH or a Site associated with storing or manufacturing Dangerous Goods or hazardous substances.
8.2. The risk assessment must:
 
8.2.1. be prepared by a qualified professional who specializes in risk assessment;
8.2.2. be prepared to the satisfaction of the Development Planner, in consultation with the appropriate City department; and
8.2.3. include mitigation recommendations.
8.3. The Development Planner:
 
8.3.1. must consider the recommendations of the risk assessment before making a decision on a Development Permit application; and
8.3.2. in consultation with the appropriate City department, may impose any conditions on the Development Permit necessary to implement any of the mitigation recommendations identified in the risk assessment.

 

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9.1. The Development Planner may require a sun shadow impact study to be submitted as part of a Development Permit application where the proposed development is a Discretionary Development.
9.2. The sun shadow impact study must:
 
9.2.1. be an authenticated and validated professional work product, prepared by a qualified Professional Engineer (P.Eng.) licensed by the Association of Professional Engineers and Geoscientists of Alberta to practice in Alberta, or be sealed, dated and signed by an Alberta Association of Architects Authorized Entity or registered Architect; 
9.2.2. be prepared to the satisfaction of the Development Planner, in consultation with the appropriate City department; and
9.2.3. identify the shadows cast by the proposed development every 3 hours between sunrise and sunset Mountain Standard Time on March 21, June 21, September 21 and December 21.
9.3. The Development Planner:
 
9.3.1. must evaluate the shadow impact based on the difference in shadow between the maximum allowable 3-dimensional building massing permitted under the regulations of the applicable Zone and the proposed 3-dimensional building massing of the proposed building;
9.3.2. may refuse the Development Permit application for a Discretionary Development based on the sun shadow impact study; and
9.3.3. may require an applicant to revise the proposed Discretionary Development to mitigate the impacts identified in the sun shadow impact study, including but not limited to, revisions to building design and Site design.
 
Diagram for Subsection 9.3.1
Diagram for 7.140_9
10.1. The Development Planner must require a wind impact assessment to be submitted as part of a Development Permit application where a proposed development meets the criteria specified in Table 10.1:
Table 10.1 - Wind Impact Assessment Requirements
Subsection Regulation Requirement
10.1.1. Where a building Height is at least 20.0 m but less than 40.0 m
  • Provide a wind impact statement.
  • A subsequent wind impact study may be required depending on the statement's recommendation.
10.1.2. Where a building Height is 40.0 m or greater
  • Provide a qualitative wind impact study (computational fluid dynamics study). 
  • A subsequent quantitative wind impact study (wind tunnel study) may be required depending on the study's recommendation. 
10.2. The wind impact assessment must:
 
10.2.1. be prepared by a qualified professional who specializes in wind and microclimate issues in the built environment; and
10.2.2. be prepared to the satisfaction of the Development Planner.
10.3. Where a significant building design change has occurred during the Development Permit application review process, the Development Planner may require the applicant to submit a new or updated wind impact assessment.
10.4. The Development Planner:
 
10.4.1. must consider the recommendations of the wind impact assessment before making a decision on the Development Permit application; and 
10.4.2. may impose conditions on the Development Permit necessary to mitigate the wind related impacts, including but not limited to a change in Site or building design. 

 

7.150 Conditions Attached to Development Permits

 

1. The Development Planner may only impose conditions on the approval of a Permitted Development if the ability to do so is specified in this Bylaw. Nothing in this Section prevents a Development Planner from identifying on the Development Permit the Sections of this Bylaw with which the development must comply. 
2. If an applicant applies for a Development Permit for a structure or a Use that is identified in this Bylaw as, or intended to be, temporary, the Development Planner may impose conditions limiting the duration of the validity of the Development Permit. The Development Planner may exercise this ability to add conditions to Permitted Uses and Discretionary Uses.
3. The Development Planner may, with respect to a Discretionary Development, or a development in a Direct Control Zone, impose such conditions as they consider appropriate, having regard for the Municipal Development Plan, applicable Statutory Plans, and the regulations of this Bylaw.
4. The Development Planner may, as a condition of issuing a Development Permit, require the applicant to make satisfactory arrangements for the supply of water, electric power, sewer service, vehicle and pedestrian access, or any of them, including payment of the costs of installation or constructing any such utility or facility by the applicant.
5. The Development Planner may, as a condition of issuing a Development Permit, require that an applicant enter into an agreement to do all or any of the following:
 
5.1. to construct, or pay for the construction of, a public roadway required to give access to the development;
5.2. to construct, or pay for the construction of:
 
5.2.1. a pedestrian walkway system to serve the development; or
5.2.2. pedestrian walkways that connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves, or are proposed to serve, an adjacent development, or both;
5.3. to specify the location and number of vehicle and pedestrian access points to Sites from public roadways;
5.4. to install, or pay for the installation of, utilities that are necessary to serve the development;
5.5. to construct, or pay for the construction of, off-street or other parking facilities, or loading and unloading facilities; or
5.6. to protect, repair or reinstate, or to pay for the repair or reinstatement, to original condition, any street furniture, curbing, sidewalk, boulevard landscaping, and tree planting that may be damaged or destroyed, or otherwise harmed by development or building operations upon the Site.
6. The Development Planner may, as a condition of issuing a Development Permit, require that an applicant enter into an agreement in a form satisfactory to the City, to pay an off-site levy or redevelopment levy, or both, imposed by a bylaw in compliance with the Municipal Government Act.
7. If an applicant applies for a Development Permit for a structure that encroaches on City owned property, the Development Planner may impose conditions requiring the applicant to mitigate the impact of the encroachment, including compensation, indemnities, insurance, and a duty to remove the encroaching structure when notified by the City. 
 
7.1. If the Development Planner does not impose conditions on an encroaching structure, this must not be interpreted as granting the applicant a right to encroach and the applicant may require a separate encroachment agreement.
8. The Development Planner may require an agreement entered into as specified in Subsections 4 and 5 to be registered on the current title for the Site at the Alberta Land Titles Office.
9. The Development Planner may, as a condition of issuing a Development Permit, require that an applicant post a minimum of 1 Development Permit notification Sign on-Site in compliance with Subsection 2 of Section 7.160.

 

7.160 Notification of Development Permit Decisions

1.1. On the same day a Development Permit application is approved, the Development Planner must send a notice to the applicant containing:  
 
1.1.1. a description of the development;
1.1.2. the date of the decision; and 
1.1.3. the right to appeal any conditions of that decision.
 
1.2. Within 7 days of a Development Permit being issued, the Development Planner must ensure the information specified in Subsection 1.1 is published on a publicly accessible web page. a
Discretionary Development
  
1.3. Within 7 days of a Development Permit application for a Discretionary Development being approved, the Development Planner must send a notice by ordinary mail to:  
 
1.3.1. each property owner of the Site, or part of the Site, that is the subject of the Development Permit;
1.3.2. the municipal address and the address of property owners that are wholly or partially within 60.0 m of the boundaries of the Site which is the subject of the Development Permit;
1.3.3. the president of any applicable community leagues; and
1.3.4. the executive director of any applicable business improvement areas.
 
1.4. The Development Planner must increase the 60.0 m notification boundary required in Subsection 1.3.2 if they determine that Sites beyond 60.0 m are likely to experience any impact attributable to the proposed development.  
1.5. The notice specified in Subsection 1.3 must contain:  
 
1.5.1. a description of the development; 
1.5.2. the date of the decision; and
1.5.3. the right to appeal that decision.
 
Refused Development Permit Applications 
  
1.6. On the same day a Development Permit application is refused, the Development Planner must send a notice to the applicant containing:  
 
1.6.1. a description of the development;
1.6.2. the date of the decision;
1.6.3. the reasons for refusal; and
1.6.4. the right to appeal that decision.
 
Mail Delivery Stoppage
  
1.7. During any ordinary mail delivery stoppage, the notice of any Development Permit decision must be given by other alternative means that the Development Planner may specify.  

 

2.1. Regulations specified in Subsection 2.2 apply to:  
 
2.1.1. all lands zoned RS, RSM, RM, RL, CN, MUN, or MU; or
2.1.2. any Site, at the discretion of the Development Planner.
 
2.2. Development Permit notification Signs must comply with the following:  
 
2.2.1. A minimum of 1 Sign must be posted on-Site for the purpose of notification of a Development Permit being issued for demolition or new principal building construction.
2.2.2. Signs must be located on-Site within 2.0 m of, and be readable from, a Front Lot Line or Flanking Side Lot Line.
2.2.3. Signs must be placed within 14 days of a Development Permit becoming valid in compliance with Section 7.190, and prior to any construction or demolition on-Site.
2.2.4. Signs must remain posted and readable on-Site until final occupancy has been issued by the City.
2.2.5. Signs must have a minimum Sign Area of 0.2 m2 and a maximum Sign Area of 1.5 m2. 
2.2.6. The design and Copy of the sign must be to the satisfaction of the Development Planner and include:
 
2.2.6.1. contact information for the applicant, contractor, or property owner;
2.2.6.2. contact information for the City;
2.2.6.3. the municipal address of the Site of the Development Permit;
2.2.6.4. a description of the approved development, including the Use;
2.2.6.5. the City file number for the Development Permit; and
2.2.6.6. any other information as required by the Development Planner.
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7.170 Development Permit Appeals

 

1. Subject to the provisions of the Municipal Government Act, any person applying for a Development Permit may appeal the decision of the Development Planner to the Subdivision and Development Appeal Board or any other applicable appeal board by filing a written notice of appeal with the Subdivision and Development Appeal Board or the applicable appeal board within 21 days after the date a decision regarding the Development Permit application was given.
2. Subject to the provisions of the Municipal Government Act, any person affected by a decision issued by a Development Planner about a Development Permit application may appeal the decision of the Development Planner to the Subdivision and Development Appeal Board or any other applicable appeal board by filing a written notice of appeal with the Subdivision and Development Appeal Board or the applicable appeal board within 21 days after notice of the decision regarding the Development Permit application was given.
3. Subject to the provisions of the Municipal Government Act, if a Development Permit application is deemed to be refused in accordance with Subsection 2.5 of Section 7.100, the applicant may appeal the refusal by filing a written notice of appeal with the Subdivision and Development Appeal Board or any other applicable appeal board.

7.180 Development Permit Application Resubmissions

 

1. Where a Development Permit application has been refused, the Development Planner must not accept another application for the same purpose or activity within a Use on the same Site:
 
1.1. within 6 months of the date of a refusal by the Development Planner;
1.2. within 6 months of the date of a written decision of the Subdivision and Development Appeal Board or any other applicable appeal board on a previous application, if the previous application was appealed to, and subsequently refused by, the Subdivision and Development Appeal Board or any other applicable appeal board;
1.3. within 6 months of the date of a written decision of the Alberta Court of Appeal or the Supreme Court of Canada on the previous application, if the application has been appealed to the Alberta Court of Appeal or the Supreme Court of Canada; or
1.4. prior to the written decision of the Subdivision and Development Appeal Board, another applicable appeal board, the Alberta Court of Appeal, or the Supreme Court of Canada, if the application has been appealed to the Subdivision and Development Appeal Board, another applicable appeal board, the Alberta Court of Appeal, or the Supreme Court of Canada.
2. Despite Subsection 1, if 2 or more Development Permit applications for the same purpose or activity within a Use on the same Site have been refused by:
 
2.1. the Development Planner;
2.2. the Subdivision and Development Appeal Board or any other applicable appeal board;
2.3. the Alberta Court of Appeal;
2.4. the Supreme Court of Canada; or
2.5. any combination of the above;
the third and any subsequent Development Permit application for the same purpose and activity within a Use on the same Site must not be accepted by the Development Planner until 1 year from the date of the most recent refusal.
3. Subsections 1 and 2 do not apply to:
 
3.1. an application for a Permitted Use or a Use listed in a Direct Control Zone, if the application complies with all the regulations of this Bylaw; or 
3.2. an application that has been refused under Subsection 2.3 of Section 7.100 of this Bylaw.
4. If during the review of any Development Permit application, the Development Planner determines that Subsections 1 or 2 apply, then the application along with any submitted fees must be returned to the applicant. The application must not be considered as having been refused, but is deemed to have not been submitted.

 

7.190 Validity, Expiry and Cancellation of Development Permits

1.1. The date of Development Permit issuance is:
 
1.1.1. the date the Development Planner approved the Development Permit application;
1.1.2. in the case of an appeal to the Subdivision and Development Appeal Board or any other applicable appeal board:
 
1.1.2.1. the date the Subdivision and Development Appeal Board or the applicable appeal board issues a written decision approving the Development Permit; or
1.1.3. in the case of an appeal or leave to appeal to the Court of Appeal:
 
1.1.3.1. the date that the Court of Appeal issues its decision, and
1.1.3.2. any appeal of the Court of Appeal decision to the Supreme Court of Canada has been determined.

 

2.1. A Development Permit issued by the Development Planner is not valid until:
 
2.1.1. any conditions of approval, except those of a continuing nature, have been fulfilled; and
2.1.2. the time for filing a notice of appeal to the Subdivision and Development Appeal Board or any other applicable appeal board as specified in Section 7.170 has passed.
2.2. A Development Permit issued by the Subdivision and Development Appeal Board or any other applicable appeal board is not valid until any conditions of approval, except those of a continuing nature, have been fulfilled.
2.3. A Development Permit issued on the basis of incorrect information contained in the application is invalid.
2.4. The Development Planner must suspend a Development Permit upon receipt of a filed notice of appeal to the City of Edmonton from the Subdivision and Development Appeal Board or any other applicable appeal board in compliance with Section 7.170. The Development Permit remains suspended until:
 
2.4.1. the Subdivision and Development Appeal Board or the applicable appeal board issues a decision and the time for filing a leave to appeal application to the Alberta Court of Appeal has passed without a leave to appeal being filed;
2.4.2. the Alberta Court of Appeal denies leave to appeal and any appeal from that denial has been determined;
2.4.3. the Alberta Court of Appeal has granted leave to appeal, heard the merits of the appeal, made its decision, and any appeal to the Supreme Court of Canada from that decision of the Alberta Court of Appeal has been determined; or
2.4.4. the appeal is otherwise resolved.

 

3.1. A Development Permit remains in effect until:
 
3.1.1. it expires, in cases where it was issued for a limited period of time;
3.1.2. it expires, because of failure to commence development in compliance with Subsection 4.1 or Subsection 4.2;
3.1.3. it is cancelled, in compliance with Subsection 6.1; or
3.1.4. it is suspended in compliance with Subsection 2.4.
3.2. Where a Development Permit has been issued for a Site, or a development that is exempt from a Development Permit under Section 7.120 has commenced, any previous Development Permits for that Site are considered expired if: 
 
3.2.1. the physical aspects of the developments cannot exist at the same time; or
3.2.2. the Uses in both developments cannot operate at the same time on that Site, in compliance with the regulations of this Bylaw.

 

4.1. Where a Development Permit is for a change of Use, or a change of intensity of Use, and no significant construction is required:  
 
4.1.1. development must commence within 1 year of the date of issuance of the Development Permit;
4.1.2. for the purposes of Subsection 4.1.1, development commences when the Use is established or begins operation.
 
4.2. Where a Development Permit is for construction, construction combined with a change of Use, or construction combined with a change of intensity of Use:  
 
4.2.1. development must commence within:
 
4.2.1.1. 1 year of the date of issuance of the Development Permit for a Residential Use in the form of a Home Based Business, Residential Sales Centre, Duplex Housing, Backyard Housing, Secondary Suite, Semi-detached Housing, or Single Detached Housing; or
4.2.1.2. 2 years of the date of issuance of a Development Permit for any Use not listed in 4.2.1.1;
4.2.2. for the purpose of Subsection 4.2.1, development commences when the Site is altered in a way that advances the development in compliance with the Development Permit;
4.2.3. without restricting the generality of Subsection 4.2.2, development commences when the Site is altered through excavation or preparation in anticipation of construction under the Development Permit. The Site is not considered to be altered by any of the following:
 
4.2.3.1. Fencing a Site where a Development Permit is not required for a Fence, installing Signs, obtaining any permit other than a building permit, or conducting minor interior demolition;
4.2.3.2. obtaining information in compliance with this Bylaw; and
4.2.3.3. any development that occurs without a building permit where a building permit is required for the development.

 

a
4.3. Despite Subsection 4.2.1.1:  
 
4.3.1. if a building permit application is submitted; and
4.3.2. the appropriate building permit fee is paid within the 1 year period,
the Development Permit does not expire, until the building permit application or approved building permit is cancelled or expires.
 
4.4. Despite Subsection 4.2.1.2:  
 
4.4.1. if a building permit application is submitted; and
4.4.2. the appropriate building permit fee is paid within the 2 year period,
the Development Permit does not expire, until the building permit application or approved building permit is cancelled or expires.
 

 

5.1. At the request of the applicant, the Development Planner may extend the date that the development must commence as specified in this Bylaw if:
 
5.1.1. the Development Permit does not include a change of Use or a change of intensity of Use;
5.1.2. the required application fee is paid; and
5.1.3. no more than 1 extension has previously been granted for the Development Permit.
5.2. For the purposes of Subsection 5.1, the length of the extension must comply with the following:
 
5.2.1. for a Development Permit that must commence within 1 year as specified in Subsection 4.2.1.1, the length of the extension must not exceed 1 additional year; and
5.2.2. for a Development Permit that must commence within 2 years as specified in Subsection 4.2.1.2, the length of the extension must not exceed 2 additional years.

 

6.1. The Development Planner may cancel a Development Permit if:
 
6.1.1. any person undertakes development on a Site contrary to the Development Permit;
6.1.2. any person causes or allows any development to take place on a Site contrary to the Development Permit;
6.1.3. the application for the Development Permit contained a material misrepresentation;
6.1.4. material facts were not disclosed at any time during the application process for the Development Permit;
6.1.5. the Development Permit was issued as a result of a material error; or
6.1.6. the property owner provides a written request for cancellation to the Development Planner.
6.2. Despite Subsections 6.1.1 through 6.1.5, the Development Planner must not cancel a Development Permit that has been appealed to the Subdivision and Development Appeal Board, another applicable appeal board, the Alberta Court of Appeal, or the Supreme Court of Canada, until a decision is issued or the appeal is otherwise resolved.
6.3. Notice of the Development Planner’s decision to cancel the Development Permit must be provided in writing to the property owner, and to the applicant of the Development Permit. The notice must state the reasons for the cancellation of the Development Permit.
6.4. Any person who undertakes development, or causes or allows any development to take place, after a Development Permit has been cancelled must discontinue or cause the discontinuance of such development immediately and must not resume such development until a new Development Permit application has been approved and is valid in accordance with Subsection 2.

 

7.200 Inspections, Enforcement and Penalties

2.1. It is an offence for any person to:
 
2.1.1. contravene; or
2.1.2. cause, allow or permit a contravention of, 
  any provisions of this Bylaw.
2.2. If a Development Permit is required but has not been issued or is not valid under this Bylaw, it is an offence for any person to:
 
2.2.1. construct a building or structure;
2.2.2. make an addition or alteration to a building or structure;
2.2.3. commence or undertake a Use or change of intensity of Use; or
2.2.4. place a Sign on land, or on a building or structure.
2.3. It is an offence for any person to undertake development in contravention of a Development Permit, including any conditions of approval.
2.4. It is an offence for any person not to take the corrective measures specified in a Violation Notice issued as specified in Subsection 5.
2.5. It is an offence for any person to continue to develop after a Development Permit has expired or has been cancelled or suspended.

 

3.1. It is an offence to undertake development of, or addition to, an Accessory building without a valid Development Permit where a Development Permit is required.
3.2. It is an offence to use a Recreational Vehicle or an Accessory building for residential living purposes. The following criteria may be considered when determining if a Recreational Vehicle or Accessory building is being used for residential living purposes: 
 
3.2.1. it is connected to utilities for the purpose of power, water, gas, or sewer services;
3.2.2. it is storing food, personal effects, clothing, bedding, personal hygiene products, medication, or similar items;
3.2.3. it is being occupied for the purpose of sleeping or accommodation;
3.2.4. it is unsecured and is at risk of non-authorized use;
3.2.5. the kitchen or sanitary facilities show signs of recent use; and
3.2.6. other similar criteria.
3.3. Despite Subsection 3.2, a Recreational Vehicle lawfully located in a campground within an Outdoor Recreation Service Use is permitted.
3.4. It is an offence to construct a Fence, wall or gate exceeding the maximum Height specified in this Bylaw without a valid Development Permit where a Development Permit is required.
3.5. It is an offence to construct a Platform Structure without a valid Development Permit where a Development Permit is required.
3.6. It is an offence to store a vehicle that is prohibited or restricted under Subsection 5 of Section 5.120 of this Bylaw in a residential Zone without a valid Development Permit where a Development Permit is required.
3.7. It is an offence to Hard Surface an area within a Front Yard or a Flanking Side Yard in a way that contravenes this Bylaw without a valid Development Permit where a Development Permit is required.
3.8. It is an offence not to display a Development Permit notification Sign where a Development Permit notification sign is required, even if this requirement is not listed as a Development Permit condition.

 

4.1. It is an offence to display a Portable Sign without a valid Development Permit where a Development Permit is required.
4.2. It is an offence not to display the Sign ownership in a visible location, or to deface, obscure, or otherwise make the ownership identification unreadable, on a Portable Sign.
4.3. It is an offence to display a Portable Sign in contravention of a Development Permit.
4.4. It is an offence to allow a Sign to become an Abandoned Sign. The following criteria may be considered when determining if a Sign has become an Abandoned Sign:
 
4.4.1. the Sign is missing Copy;
4.4.2. the Sign contains no Copy;
4.4.3. the Sign advertises a thing, place, or business that is no longer in existence;
4.4.4. the Sign is damaged or is overturned; and
4.4.5. other similar criteria.
4.5. It is an offence to display a Fascia Sign or Projecting Sign without a valid Development Permit where a Development Permit is required.
4.6. It is an offence to display a Fascia Sign or Projecting Sign in contravention of a Development Permit.

 

5.1. A Bylaw Enforcement Officer or designated officer, may carry out inspections to determine compliance with this Bylaw, a Development Permit, or the Municipal Government Act.
5.2. Where a Bylaw Enforcement Officer reasonably believes that an offence has been committed or is occurring, the Bylaw Enforcement Officer may notify either the owner of the land, building or structure, the person in possession of the land, building, or structure, the person responsible for the violation, including the applicant for the Development Permit, or any or all of these persons, of the contravention of this Bylaw, by:
 
5.2.1. delivering a Violation Notice either in person, email, by fax, or by ordinary mail:
 
5.2.1.1. to the owner of the land, building, or structure, or the person in possession of the land, building, or structure, at the address listed on the tax roll for the land in question;
5.2.1.2. to the applicant for the Development Permit, at the applicant’s address as listed on the Development Permit application; or
5.2.1.3. to the owner of the Sign, at a location where the owner carries on business.
5.3. A Violation Notice must state:
 
5.3.1. the nature of the offence;
5.3.2. the corrective measures required to remedy the offence and comply with this Bylaw;
5.3.3. the time within which such corrective measures must be performed; and
5.3.4. any penalty for not complying with the Violation Notice, if the corrective measures are not completed within the time specified.
5.4. In a prosecution for a contravention of this Bylaw, the name of any person, organization, corporation, or other ownership on a Sign is sufficient proof that that person, organization, corporation, or other ownership placed the Sign, or caused or permitted the Sign to be placed on land.
5.5. Issuance of a Violation Notice is not required before commencing any other enforcement action under the Municipal Government Act, or this Bylaw, or at all.
5.6. A person must not prevent or obstruct a Bylaw Enforcement Officer from carrying out any official duty under this Bylaw or the Municipal Government Act.

 

6.1. A person who is guilty of an offence must pay the applicable penalty amount specified in Table 7.1. If a fine amount is not specified in Table 7.1, the minimum penalty is $1,000.00 for a first offence and $2,500.00 for any subsequent offence. 
6.2. Where there is a penalty listed for an offence in Table 7.1, that amount is the minimum penalty for that offence.
6.3. A subsequent offence means an offence committed by a person after that person has already been convicted of the same offence or has voluntarily paid a fine for the same offence.

 

Table 7.1. Specified Penalties for Offences
Offence Subsection Minimum Penalty
First Offence		 Minimum Penalty Subsequent Offence
General Offences
Contravention of a Zoning Bylaw regulation 2.1. $1,000.00 $2,500.00
Development without a Development Permit 2.2. $1,000.00 $2,500.00
Development in contravention of a Development Permit 2.3. $1,000.00 $2,500.00
Failure to comply with a Violation Notice 2.4. $500.00 $1,000.00
Continuing development after a Development Permit expires, is cancelled or is suspended. 2.5. $1,000.00 $2,500.00
Specific Offences
Development of, or an addition to, an Accessory building without a Development Permit 3.1. $250.00 $500.00
Use of a Recreational Vehicle or Accessory building for residential living 3.2. $500.00 $1,000.00
Over-Height Fence, wall or gate without a Development Permit 3.4. $250.00 $500.00
Construction of a Platform Structure without a Development Permit 3.5. $250.00 $500.00
Restricted vehicle in a residential Zone without a Development Permit 3.6. $250.00 $500.00
Hard Surfacing in contravention of Zoning regulations  3.7. $1,000.00 $2,500.00
Failing to display a Development Permit notification Sign 3.8. $500.00 $1,000.00
Sign Offences
Portable Sign without a Development Permit 4.1. $250.00 $500.00
Portable Sign without visible and readable Sign ownership 4.2. $250.00 $500.00
Portable Sign in contravention of a Development Permit 4.3. $250.00 $500.00
Abandoned Sign 4.4. $250.00 $500.00
Fascia Sign or Projecting Sign without a Development Permit 4.5. $500.00 $1,000.00
Fascia Sign or Projecting Sign in contravention of a Development Permit 4.6. $500.00 $1,000.00