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40Town of Okotoks 

TOWN OF OKOTOKS  [Type the document subtitle]

LAND USE BYLAW Adopted October, 1998

Consolidated Version February, 2013


TOWN OF OKOTOKS LAND USE BYLAW NO. 40-98 (ADOPTED October 13, 1998) OFFICE CONSOLIDATION DATED JUNE, 2012 INCLUDING AMENDING BYLAW NOS. Bylaw # 53-98 33-99 9-00 17-00 22-00 33-00 35-00 36-00 37-00 51-00 1-01 2-01 4-01 5-01 13-01 19-01 20-01 4-02 23-02 24-02 27-02 31-02 32-02 33-02 1-03 3-03 4-03 10-03 19-03 24-03 26-03 14-04 17-04 20-04 31-04 13-05 11-06 12-06 14-06 18-06 14-07 26-07 29-07 02-08 20-08 25-08 27-09 28-09 12-10 15-10 17-10 26-10 27-10 11-11 20-11 23-11 14-12 18-12 11-13

Textual Amendments (adopted December 14, 1998) (adopted August 30, 1999) (adopted March 6, 2000) (adopted March 27, 2000) (adopted June 19, 2000) (adopted June 19, 2000) (adopted June 19, 2000) (adopted October 23, 2000) (adopted July 17, 2000) (adopted December 18, 2000) (adopted February 12, 2001) (adopted June 4, 2001) (adopted January 29, 2001) (adopted January 29, 2001) (adopted June 25, 2001) (adopted June 4, 2001) (adopted August 20, 2001) (adopted May 13, 2002) (adopted May 12, 2003) (adopted July 15, 2002) (adopted December 16, 2002) (adopted December 2, 2002) (adopted December 16, 2002) (adopted February 3, 2003) (adopted February 3, 2003) (adopted April 14, 2003) (adopted April 14, 2003) (adopted April 14, 2003) (adopted August 11, 2003 (adopted December 1, 2003) (adopted January 5, 2004) (adopted July 5, 2004) (adopted July 5, 2004) (adopted February 14, 2005) (adopted January 24, 2005) (adopted June 7, 2005) (adopted June 26, 2006) (adopted October 2, 2006) (adopted November 20, 2006) (adopted February 12, 2007) (adopted August 27, 2007) (adopted December 17, 2007) (adopted January 28, 2008) (adopted January 21, 2008) (adopted August 18, 2008) (adopted August 18, 2008) (adopted June 22, 2009) (adopted June 22, 2009) (adopted March 8, 2010) (adopted September 27, 2010) (adopted April 26, 2010) (adopted December 13, 2010) (adopted February 14, 2011) (adopted April 11, 2011) (adopted September 12, 2011) (adopted January 9, 2012) (adopted April 9, 2012) (adopted June 25, 2012) (adopted January 28, 2013)

Bylaw # 47-98 53-98 16-99 19-99 21-99 25-99 29-99 32-99 33-99 1-00 10-00 17-00 22-00 29-00 31-00 33-00 34-00 35-00 41-00 43-00 48-00 1-01 2-01 11-01 13-01 4-02 15-02 23-02 26-02 1-03 3-03 4-03 11-03 18-03 23-03 25-03 2-04 3-04 8-04 14-04 20-04 21-04 13-05 11-06 12-06 13-06 14-06 18-06 12-07 14-07 26-07 29-07 09-08 11-08 35-08 14-09 16-09 33-09

Land Use Map Amendments (adopted September 28, 1998) (adopted December 14, 1998) (adopted May 10, 1999) (adopted May 3, 1999) (adopted May 25, 1999) (adopted July 12, 1999) (adopted August 16, 1999) (adopted August 23, 1999) (adopted August 30, 1999) (adopted February 14, 2002) (adopted March 6, 2000) (adopted March 27, 2000) (adopted June 19, 2000) (adopted May 29, 2000 (adopted July 10, 2000) (adopted June 19, 2000) (adopted July 10, 2000) (adopted June 19, 2000) (adopted October 2, 2000) (adopted October 16, 2000) (adopted December 18, 2000) (adopted February 12, 2001) (adopted June 4, 2001) (adopted April 2, 2001) (adopted June 25, 2001) (adopted May 13, 2002) (adopted June 10, 2002) (adopted May 12, 2003) (adopted October 21, 2002) (adopted February 3, 2003) (adopted April 14, 2003) (adopted April 14, 2003) (adopted May 5, 2003) (adopted June 16, 2003) (adopted December 1, 2003) (adopted December 1, 2003) (adopted February 23, 2004) (adopted February 2, 2004) (adopted April 19, 2004) (adopted July 5, 2004) (adopted February 14, 2005) (adopted August 9, 2004) (adopted June 7, 2005) (adopted June 26, 2006) (adopted October 2, 2006) (adopted July 16, 2007) (adopted November 20, 2006) (adopted February 12, 2007) (adopted July 16, 2007) (adopted August 27, 2007) (adopted December 17, 2007) (adopted January 28, 2008) (adopted November 10, 2008) (adopted June 16, 2008) (adopted January 12, 2009) (adopted March 9, 2009) (adopted March 9, 2009) (adopted November 9, 2009)

This document is consolidated into a single publication for the convenience of users. When making reference to this document, users are directed to contact the Town of Okotoks for any additional amendments. In case of any dispute, the original should be consulted. For easy reference, the amending bylaw numbers are noted adjoining the section that was the subject of the amendment.

Okotoks Land Use Bylaw

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TABLE OF CONTENTS TOWN OF OKOTOKS LAND USE BYLAW 1

APPLICABILITY OF BYLAW AND PERMITS ................................................................................ 1 1.1.0 Development Permits Required ......................................................................................... 1 1.2.0 Development Permits Not Required .................................................................................. 1 1.3.0 Compliance with Other Bylaws and Regulations ................................................................ 3

2

DEVELOPMENT AUTHORITIES ................................................................................................... 5 2.1.0 Development Officer .......................................................................................................... 5 2.2.0 Municipal Planning Commission ......................................................................................... 6

3

DEVELOPMENT PERMIT APPLICATIONS ................................................................................... 7 3.1.0 Information Requirements for a Change of Use in an Existing Building ............................. 7 3.2.0 Information Requirements for a New Building or Addition .................................................. 7 3.3.0 Non-compliance with Information Requirements ................................................................ 9 3.4.0 Waiver of Information Requirements ................................................................................. 9

4

DECISION PROCESS ................................................................................................................... 11 4.1.0 Development Referrals ..................................................................................................... 11 4.2.0 Notice Posting Requirements for Applications .................................................................. 11 4.3.0 Decisions of a Development Authority .............................................................................. 11 4.4.0 Discretion of the Development Authority .......................................................................... 12 4.5.0 Issuance of Development Permits and Notices ................................................................ 13

5

APPEALS ...................................................................................................................................... 15 5.1.0 General ............................................................................................................................. 15 5.2.0 Appeal Procedure ............................................................................................................ 15

6

ENFORCEMENT ........................................................................................................................... 17 6.1.0 Contravention .................................................................................................................... 17

7

AMENDMENTS ............................................................................................................................. 19 7.1.0 Amendment Procedure ..................................................................................................... 19

8

ESTABLISHMENT OF DISTRICTS .............................................................................................. 21 8.1.0 Land Use Districts ............................................................................................................. 21 8.2.0 Land Use Map ................................................................................................................... 21

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TABLE OF CONTENTS 9

GENERAL LAND USE REGULATIONS AND PROVISIONS ...................................................... 23 9.1.0 General Setback Regulations and Provisions .................................................................. 23 9.2.0 Site Servicing .................................................................................................................... 27 9.3.0 Parking and Loading Facilities .......................................................................................... 27 9.4.0 Fencing and Hedges ......................................................................................................... 32 9.5.0 Landscaping ...................................................................................................................... 32 9.6.0 Screening Between Residential and Non-residential Land Uses ..................................... 33 9.7.0 Outside Storage ............................................................................................................... 34 9.8.0 Garbage Facilities ............................................................................................................. 34 9.9.0 Home Occupations ........................................................................................................... 35 9.10.0 Relocation of Buildings ..................................................................................................... 37 9.11.0 Land Subject to Flooding .................................................................................................. 38 9.12.0 Objects Prohibited or Restricted in a Residential District ................................................. 39 9.13.0 Group Homes .................................................................................................................... 39 9.14.0 Child Care Facilities .......................................................................................................... 40 9.15.0 Private Swimming Pools, Hot Tubs and other Water Features in Residential Districts........................................................................................................... 40 9.16.0 Awnings and Canopies ..................................................................................................... 40 9.17.0 Underground Petroleum Storage Tanks ........................................................................... 41 9.18.0 Building Exteriors .............................................................................................................. 41 9.19.0 Comprehensive Site Planning........................................................................................... 42 9.20.0 Private Vehicle and Pedestrian Facilities .......................................................................... 42 9.21.0 Outdoor Seating Areas for Eating Establishments ........................................................... 42 9.22.0 Outdoor Lighting................................................................................................................ 43 9.23.0 Bed and Breakfast Accommodations ................................................................................ 44 9.24.0 Satellite Dishes in Residential Districts ............................................................................. 44 9.25.0 Studio Suites ..................................................................................................................... 44 9.26.0 Accessory Commercial Establishments ............................................................................ 45 9.27.0 Retaining Walls ................................................................................................................. 46

10

SIGN REGULATIONS AND PROVISIONS ................................................................................... 47 10.1.0 Definitions ......................................................................................................................... 47 10.2.0 Permits Required .............................................................................................................. 49 10.3.0 Signs Not Requiring a Sign Permit ................................................................................... 49 10.4.0 Application for a Sign Permit ............................................................................................ 50 10.5.0 General Regulations for Signs .......................................................................................... 51 10.6.0 Sign Regulation by Type ................................................................................................... 53

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TABLE OF CONTENTS 11

RESIDENTIAL NARROW LOT SINGLE DETACHED DISTRICT (R-1N) ................................... 59

11A

RESIDENTIAL SMALL LOT SINGLE DETACHED DISTRICT (R-1S) ....................................... 63

12

RESIDENTIAL SINGLE DETACHED DISTRICT (R-1) ................................................................ 67

12A

RESIDENTIAL STUDIO SUITE DISTRICT (R-1 St) .................................................................... 71

13

RESIDENTIAL ESTATE SINGLE DETACHED DISTRICT (R-1E) .............................................. 75

13A

RESIDENTIAL SINGLE DETACHED AIR RANCH DISTRICT (R-1AR) ..................................... 79

13B

RESIDENTIAL NARROW LOT AIR RANCH DISTRICT (R-NAR) ............................................... 83

14

RESIDENTIAL LOW DENSITY MULTI-UNIT DISTRICT (R-2) .................................................... 87

15

RESIDENTIAL MEDIUM DENSITY MULTI-UNIT DISTRICT (R-3) ............................................. 91

15A

RESIDENTIAL MEDIUM DENSITY MULTI-UNIT AIR RANCH DISTRICT (R-3AR) ................... 95

16

RESIDENTIAL MANUFACTURED HOME DISTRICT (R-MH) .................................................... 99

17

RESIDENTIAL MIXED DWELLING DISTRICT (R-MD) .............................................................. 103

18

HERITAGE MIXED USE DISTRICT (HMU) ............................................................................... 107

18A

RESIDENTIAL MIXED USE DETACHED DISTRICT (R-MU) .................................................... 115

19

CENTRAL BUSINESS COMMERCIAL DISTRICT (C-CB) ....................................................... 119

20

HIGHWAY COMMERCIAL DISTRICT (C-HWY) ........................................................................ 121

21

SHOPPING CENTER COMMERCIAL DISTRICT (C-SC) ......................................................... 123

21A

GATEWAY COMMERCIAL DISTRICT (C-GATE) ..................................................................... 127

22

SPECIAL DEVELOPMENT COMMERCIAL DISTRICT (C-SD) ................................................ 131

23

BUSINESS INDUSTRIAL DISTRICT (I-1) .................................................................................. 137

23A

SOUTH BUSINESS INDUSTRIAL DISTRICT (1-1S) ................................................................. 143

24

GENERAL INDUSTRIAL DISTRICT (I-2) .................................................................................. 147

24A

INDUSTRIAL DISTRICT (I-3) ..................................................................................................... 149

25

URBAN HOLDING DISTRICT (UH) ........................................................................................... 151

26

RESTRICTED DEVELOPMENT DISTRICT (RD) ...................................................................... 153

27

ENVIRONMENTAL PROTECTION DISTRICT (EP) .................................................................. 155

28

PUBLIC SERVICE DISTRICT (PS) ............................................................................................ 157

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TABLE OF CONTENTS 29

DIRECT CONTROL DISTRICT (DC) .......................................................................................... 159

29A

AERODROME DISTRICT (AD) .................................................................................................. 175 Figure 1 Okotoks Aerodrome Operational Dimensions ...................................................... 177 Figure 2 Okotoks Aerodrome Approximate Noise Exposure Forecasts Map .................... 178 Figure 3 Okotoks Aerodrome Height Limitation Map ......................................................... 179

30

INTERPRETATION ..................................................................................................................... 181

31

EXISTING CONTROLS AND DATE OF COMMENCEMENT .................................................... 203 Appendix 1 Appendix 2

Land Use District Map ........................................................................................ 205 Flood Risk Map ................................................................................................... 207

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BYLAW NO. 40-98 TOWN OF OKOTOKS LAND USE BYLAW WHEREAS

The Municipal Government Act requires the Council of a Municipality to pass a Land Use Bylaw to regulate the use and development of land within its municipal boundaries;

NOW THEREFORE

The Council of the Town of Okotoks hereby enacts as follows:

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SECTION 1

APPLICABILITY OF BYLAW AND PERMITS

1.1.0

DEVELOPMENT PERMITS REQUIRED

1.1.1

Except as provided in Section 1.2.0 of this Bylaw, the approval of a development permit application and the release of a development permit must be obtained before development can commence or be allowed to continue.

1.2.0

DEVELOPMENT PERMITS NOT REQUIRED

1.2.1

A development permit is not required for the following developments but they shall otherwise comply with the provisions of the Bylaw. Proponents of any development not requiring a permit should consult with the Development Officer to ensure compliance with this Bylaw: (31-04) (a)

(i)

does not include structural alterations,

(ii)

does not change the use or intensity of the use of the structure or the site, and

(iii)

is performed in accordance with obligatory legislation or other government regulations;

(b)

the erection, construction, or the maintenance of gates, fences, walls, or any other means of enclosure less than 2m (6.56 ft.) in height;

(c)

the construction and maintenance of a public road, public utility, utility building or public park within a public road, public easement or publicly owned parcel; (31-04)

(d)

the creation or construction of single detached, duplex and studio suite dwellings in a district in which it is listed as a "Permitted Use", except where it is located in the flood risk area; (36-00)

(e)

the use of a building or part thereof as a temporary polling station for a Federal, Provincial, or Municipal election, referendum or plebiscite;

(f)

the construction, maintenance, and repair of walkways, pathways, driveways and decks under 305 mm (1 ft.) in height and similar works; (24-03) the removal or stockpiling of soil and construction of local improvements according to a plan of subdivision covered by a valid Servicing and Construction Agreement executed by the Municipality;

(g)

Okotoks Land Use Bylaw

works of maintenance, repair or alteration, on a structure, both internal and external, or on a site if, in the opinion of the Development Authority, such work:

(h)

the construction of an accessory building in a residential district, except where the accessory building is located in the flood risk area or is a swimming pool, hot tub or water feature located within 30 m (98.42 ft.) of an escarpment;

(i)

a change in use within an existing building in any commercial or industrial district where:

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SECTION 1

APPLICABILITY OF BYLAW AND PERMITS the requirements of the development permit for the existing building have been fulfilled,

(ii)

the proposed use is a permitted use, and

(iii)

any additional parking requirements have been met on the site;

(j)

home occupation-minor;

(k)

awnings and canopies which do not project over a public road, setback or public property;

(l)

landscaping where the existing grade and natural surface drainage pattern is not materially altered, except where landscaping forms part of a development which requires a development permit;

(m)

the demolition of a building or structure for which a building permit has been issued;

(n)

the temporary use of a portion of a building or structure for which a development permit has been granted under this Bylaw, for the marketing of the building or structure;

(o)

a sign that is exempt from the requirements of a sign permit pursuant to the Sign Section of this Bylaw; and

(p)

a satellite dish less than 0.6 m (1.97 ft.) in diameter.

(q)

the construction, maintenance, and repair of retaining walls up to 305mm (1 ft.) in height within a utility right of way provided the wall:

(r)

Okotoks Land Use Bylaw

(i)

(i)

crosses the right of way perpendicular to any utility line(s); and

(ii)

does not impede surface drainage;

(24-03)

the maintenance and repair of retaining walls greater than 305mm (1 ft.) in height within a utility right of way provided: (i)

the wall was constructed prior to January 1, 2004; and

(ii)

an encroachment agreement is registered on title.

(24-03)

(s)

the construction, maintenance, and repair of retaining walls up to 0.6m (2 ft.) in height provided the wall does not encroach onto public land or into a utility right of way; (24-03)

(t)

the construction, maintenance, and repair of retaining walls over 0.6m (2 ft.) in height that meet the setback requirements for the principle building on site provided the wall does not encroach onto public land or into a utility right of way; (24-03)

(u)

a family day home in a residential district;

(14-12)

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SECTION 1

APPLICABILITY OF BYLAW AND PERMITS

1.3.0

COMPLIANCE WITH OTHER BYLAWS AND REGULATIONS

1.3.1

Compliance with the requirements of the Bylaw does not afford relief from compliance with the Act, other relevant Acts, or other Bylaws, or regulations affecting the development in question.

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Okotoks Land Use Bylaw

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SECTION 2

DEVELOPMENT AUTHORITIES

2.1.0

DEVELOPMENT OFFICER

2.1.1

The Office of the Development Officer is hereby established and one or more Town employees shall be appointed by the Municipal Manager to the position of Development Officer.

2.1.2

The Development Officer is authorized to act as Development Authority in those matters prescribed in this Bylaw.

2.1.3

The Development Officer:

Okotoks Land Use Bylaw

(a)

shall keep and maintain, for the inspection of the public during office hours, a copy of this Bylaw as amended and ensure that copies of the Bylaw are available to the public at a reasonable charge;

(b)

shall keep a register of all applications for development, including decisions, reasons for decisions, and all orders for a minimum period of 7 years;

(c)

shall receive, consider, and may decide on applications for a development permit for: (i)

permitted uses,

(ii)

excavations or stockpiling of soil,

(iii)

discretionary uses to occupy a building or bay or site for which a development permit has been issued for the construction of the principal building shell,

(iv)

time extensions,

(v)

bed and breakfast accommodation,

(vi)

major and minor home occupations, and

(vii)

single-detached dwellings;

(d)

shall receive and refer with a report to the Municipal Planning Commission for its consideration and decision, applications which have not been assigned to the Development Officer pursuant to clause (c);

(e)

shall receive and may refer with a report to the Municipal Planning Commission for its consideration and decision, applications which have been assigned to the Development Officer pursuant to clause (c);

(f)

shall issue all Orders with regard to contravention of the Act, or implementing regulations, Bylaws or permits;

(g)

shall sign and issue all valid development permits, Certificates of Compliance, Notices of Decision, and Notices; and

(h)

shall collect fees as prescribed by resolution of Council.

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SECTION 2

DEVELOPMENT AUTHORITIES

2.2.0

MUNICIPAL PLANNING COMMISSION

2.2.1

The Municipal Planning Commission is authorized to act as Development Authority in those matters prescribed in this Bylaw and the Municipal Planning Commission Bylaw.

2.2.2

The Municipal Planning Commission shall consider and decide on all development permit applications referred to it by the Development Officer.

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SECTION 3

DEVELOPMENT PERMIT APPLICATIONS

3.1.0

INFORMATION REQUIREMENTS FOR A CHANGE OF USE IN AN EXISTING BUILDING

3.1.1

An application for a development permit for a change in use in an existing building shall be made by submitting, to the Development Authority, a completed development permit application form, signed by the owner or authorized agent and accompanied by the following: (a)

a Real Property Report that shows all existing structures on the site;

(b)

photographs of existing structures on the site;

(c)

a plan drawn to scale showing any proposed changes to: (i)

loading facilities and parking,

(ii)

access to and from the site,

(iii)

garbage and storage areas,

(iv)

fencing and screening,

(v)

landscaping, and

(vi)

information describing any noxious, toxic, flammable, or explosive materials proposed;

radioactive,

(d)

a current copy of the title as registered in the South Alberta Land Titles Office; and

(e)

the development permit fee as prescribed by resolution of Council.

3.2.0

INFORMATION REQUIREMENTS FOR A NEW BUILDING OR ADDITION

3.2.1

An application for a development permit for a proposed building or an addition to a building shall be made by submitting, to the Development Authority, a completed development permit application form, signed by the owner or authorized agent and accompanied by the following: (a)

a site plan, a landscaping plan, building floor plan(s) and building elevation plan(s) prepared to Town standards in triplicate and drawn to scale. (i)

A site plan shall indicate: • • • • • •

Okotoks Land Use Bylaw

legal description of the site, easements affecting the site, locations of sidewalks and curb in abutting public right of ways, proposed improvements to all portions of the site including loading facilities, parking, fences, screening, retaining walls, storage areas and garbage facilities, dimensions of the site and relationships to property lines of all existing and proposed improvements, and access locations to and from the site; Page | 7


SECTION 3

DEVELOPMENT PERMIT APPLICATIONS (ii)

A landscaping plan shall indicate: • • •

(iii)

Building floor plans shall indicate: • • •

(iv)

the proposed use(s) of the building or addition, total floor space and dimensions of the building, and where required to determine parking requirements, the allocation of floor space for different uses;

Building elevation plans shall indicate • •

Okotoks Land Use Bylaw

the location with dimensions of all existing and proposed landscaping including trees, shrubs and grass, any existing trees proposed to be removed, and the number, size and species of all proposed trees and shrubs;

all exterior finishing materials including colors and where appropriate material samples, and building height;

(b)

photographs of buildings on abutting sites,

(c)

information describing any noxious, toxic, radioactive, flammable, or explosive materials;

(d)

one photocopy of all site plans and building plans in an 11” x 17” format;

(e)

a current copy of the title and all relevant land related encumbrances (easements, Restrictive Covenants, Caveats etc.) as registered in the South Alberta Land Titles Office;

(f)

the development permit fee as prescribed by resolution of Council;

(g)

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

(h)

where a building is proposed to be moved, the applicant shall provide, as part of the application, photographs of the existing building and a Building Inspection Report;

(i)

where a development is proposed on a site greater than 0.4 ha. (1 ac.) in size, includes a new access onto an arterial road or includes a new access within 60m (196.85 ft.) of an intersection onto an arterial road, the applicant shall provide, as part of the application, a Traffic Impact Report;

(j)

where a development is proposed within the flood risk area, the applicant shall provide, as part of the application, a comprehensive Flood Risk Area Planning and Geotechnical Report; and

(k)

where a development is proposed within 30m (98.42 ft.) of an escarpment, the applicant shall provide, as part of the application, a comprehensive Slope Stability Geotechnical Report.

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SECTION 3

DEVELOPMENT PERMIT APPLICATIONS

3.3.0

NON-COMPLIANCE WITH INFORMATION REQUIREMENTS

3.3.1

When sufficient details of the proposed development have not been included with the application for a development permit, as set out above, the Development Authority may return the application to the applicant for further details. The application, so returned, shall be deemed not to be in its complete and final form until all required information has been submitted.

3.4.0

WAIVER OF INFORMATION REQUIREMENTS

3.4.1

The Development Authority may make its decision without all of the information as set out above, if it is of the opinion that a decision on the application can be properly made without such information.

3.4.2

The Development Officer has the discretionary power to waive the requirement for the Traffic Impact Report at the time of application in circumstances where sufficient information has been provided in the application and previous applications.

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SECTION 4

DECISION PROCESS

4.1.0

DEVELOPMENT REFERRALS

4.1.1

The Development Officer shall refer to any adjacent municipality for consideration and recommendation any matter or any application for a development permit that is, in the opinion of the Development Officer, of interest to the adjacent municipality.

4.1.2

The Development Officer may refer for comment any matter or any application for a development permit to any authority deemed necessary.

4.1.3

Having received a reply on a matter referred to any adjacent municipality, or any authority, the Development Authority shall give due consideration to the reply.

4.1.4

After fifteen (15) days from the date of referral, the application may be dealt with by the Development Authority whether or not comments have been received.

4.2.0

NOTICE POSTING REQUIREMENTS FOR APPLICATIONS

4.2.1

When a development permit is received for a property classified Heritage Mixed Use (HMU) District, the Development Authority shall post the property 7 days prior to making a decision. The notice shall include a brief description of the proposal, the time and place where details of the proposal may be reviewed and the process for public input.

4.2.2

When a development permit application is received for a studio suite, the Development Authority shall post the property and provide written notification to each owner of adjacent land 21 days prior to making a decision. The notice shall include a brief description of the proposal, the time and place where details of the proposal may be reviewed and the process for public input. (28-09)

4.3.0

DECISIONS OF A DEVELOPMENT AUTHORITY

4.3.1

The Development Authority shall approve all applications for a development permit for a “Permitted Use” with or without conditions upon the application conforming in all respects to the provisions of this Bylaw.

4.3.2

In making a decision on an application for a development permit for a “Discretionary Use”, the Development Authority shall: (a)

approve the application; or

(b)

approve the application subject to conditions and restrictions considered appropriate or necessary; or

(c)

refuse the application.

4.3.3

The Development Authority shall not allow the use of land or a building not listed as a “Permitted Use” or “Discretionary Use” in the district in which the building or land is situated.

4.3.4

The Development Authority shall not approve an application for a development permit that is not in conformity with the Municipality’s statutory plans.

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SECTION 4

DECISION PROCESS

4.3.5

The Development Authority shall not issue a permit for a development which is to be serviced by private sewer and water systems until the systems have been approved by the appropriate local and provincial authorities.

4.3.6

The Development Authority shall consider and decide on applications for development permits within 40 days of the receipt of the application in its complete and final form unless the applicant has entered into an agreement with the Development Authority to extend the 40 day period.

4.3.7

The Development Authority may require a developer to provide a performance security in a form and amount satisfactory to the Town to ensure completion of any requirement set out as a condition of approval of a development permit.

4.3.8

The Development Authority may require that a Development Agreement be entered into, between the Town Council and the land owner, to ensure compliance with an approved development permit.

4.3.9

The Development Authority may require the following information be provided as a condition(s) of Development Approval prior to the issuance of Development Permit: (53-98) (a)

Site Servicing Plan;

(b)

Site Lighting Plan; and

(c)

approvals from other agencies.

4.3.10

The Development Authority may require specific conditions of an approved development permit be completed prior to occupancy of the land or building.

4.4.0

DISCRETION OF THE DEVELOPMENT AUTHORITY

4.4.1

For a development permit application, the Development Authority may approve an application for a proposed development that does not comply with the Land Use Bylaw if: (a)

the development does not unduly interfere with the amenities of the neighborhood or materially interfere with or affect the use, enjoyment or value of neighboring properties;

(b)

the development conforms with the use prescribed for that land or building in the Land Use Bylaw; and

(c)

a notice is published in a newspaper circulating in the Municipality stating the location of the property for which the variance has been made and the Bylaw requirements being varied pursuant to this Section.

4.4.2

The parking requirements for a use within an existing building in the C-CB and HMU districts may be waived by the Development Authority where the potential amount of parking on the site has been maximized to the satisfaction of the Development Authority.

4.4.3

For a Certificate of Compliance, the Development Officer may issue a decision, granting any variance to the requirements of this Bylaw provided that:

Okotoks Land Use Bylaw

Page | 12


SECTION 4

4.4.4

DECISION PROCESS (a)

the terms and conditions of any permit relating to the land and development have been met to the satisfaction of the Development Officer;

(b)

the development does not unduly interfere with the amenities of the neighborhood or materially interfere with or affect the use, enjoyment or value of neighboring properties;

(c)

the development conforms with the use prescribed for that land or building in the Land Use Bylaw; and

(d)

a notice is published in a newspaper circulating in the Municipality stating the location of the property for which the variance has been made and the Bylaw requirements being varied pursuant to this Section.

The Development Authority may allow a minor variance of 20% to each of the following requirements when considering development permits and requests for Certificates of Compliance where, in the Development Authority’s discretion, such variance does not unduly affect the amenities, use or enjoyment of the site or neighbouring properties: (a)

the front yard setback;

(b)

one side yard setback;

(c)

the rear yard setback;

(d)

the height of building requirement; and

(e)

the Projection Over Setbacks provisions in Section 9.1.3 (b). (53-98 & 24-03)

4.5.0

ISSUANCE OF DEVELOPMENT PERMITS AND NOTICES

4.5.1

General:

Okotoks Land Use Bylaw

(a)

A development permit issued pursuant to this Bylaw is not a Building Permit and work or construction shall neither commence or proceed until a Building Permit has been issued pursuant to applicable bylaws and regulations.

(b)

If conditions of a decision approving a development are not met within 12 months of the decision, the approval is deemed to be void, unless an extension to the approval shall first have been granted by the Development Authority that made the decision.

(c)

If the development authorized by a development permit is not commenced within 12 months of issuance of the permit, and completed within 24 months of issuance of the permit, the permit is deemed to be void, unless an extension to the commencement or completion date shall first have been granted by the Development Authority that made the decision.

Page | 13


SECTION 4

DECISION PROCESS

4.5.2

Permitted Uses:

4.5.3

(a)

When an application for a permitted use is approved with or without conditions, the Development Officer shall forthwith sign the development permit as of the date of the decision and issue it to the applicant.

(b)

For the purpose of this Bylaw, Notice of Decision for approval of a permitted use is deemed to be five (5) days from the date of the development permit.

Discretionary Uses and Variances: (a)

4.5.4

Okotoks Land Use Bylaw

When an application for a discretionary use is approved with or without conditions or a variance is granted: (i)

the Notice of Decision shall be mailed to the applicant and a notice published in a newspaper circulating in the Municipality stating the location of the property for which the application has been made, the use approved and any Bylaw requirements which were varied, and

(ii)

a development permit shall not be issued until fourteen (14) days after the Notice of Decision has been given.

(b)

The Development Authority may direct that the Notice of Decision be immediately posted on the property for which the application has been made.

(c)

For the purpose of this Bylaw, Notice of Decision for approval of a discretionary use or a variance is deemed to have been given on the date the Notice of Decision is published in a newspaper.

Refusals: (a)

When an application for a development permit is refused, the Notice of Decision shall be mailed to the applicant.

(b)

For the purposes of this Bylaw, Notice of Decision for a refusal is deemed to be five (5) days from the date of the Notice of Decision.

(c)

An application for a development permit shall, at the option of the applicant, be deemed to be refused when a decision thereon is not made within 40 days after the receipt of the application in its complete and final form by the Development Authority unless the applicant has entered into an agreement with the Development Authority to extend the 40 day period. Once the 40 day period or an extension has lapsed, the applicant may appeal in writing, as though the applicant had received a decision of refusal.

(d)

When an application for a development permit has been refused pursuant to this Bylaw or ultimately after an appeal, the Development Authority may refuse, at its discretion, the submission of another application for a development permit on the same parcel of land for 6 months after the date of refusal.

Page | 14


SECTION 5

APPEALS

5.1.0

GENERAL

5.1.1

The Subdivision and Development Appeal Board is authorized to perform such duties as specified in the Act and this Bylaw.

5.1.2

When an appeal is made, a development permit which has been approved shall not be issued unless or until the decision of the Development Authority has been sustained by the Subdivision and Development Appeal Board.

5.2.0

APPEAL PROCEDURE

5.2.1

Anyone receiving notice of, and affected by, an order, decision or development permit decision, made or issued by the Development Authority, may appeal to the Subdivision and Development Appeal Board by serving written notice to the Board within 14 days of the Notice of Decision.

Okotoks Land Use Bylaw

Page | 15


Okotoks Land Use Bylaw

Page | 16


SECTION 6

ENFORCEMENT

6.1.0

CONTRAVENTION

6.1.1

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

6.1.2

A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offense and is liable upon summary conviction to a fine and costs as provided for under the Act, and upon failure to pay such fine and costs, to imprisonment for a period as provided for under the Act unless such fine and costs are sooner paid.

6.1.3

A Development Authority may suspend or revoke a development permit which has not been complied with.

Okotoks Land Use Bylaw

Page | 17


Okotoks Land Use Bylaw

Page | 18


SECTION 7

AMENDMENTS

7.1.0

AMENDMENT PROCEDURE

7.1.1

An application to amend this Bylaw shall be made by submitting the prescribed form to the Development Officer, signed by the owner or authorized agent and accompanied by the fee as prescribed by resolution of Council.

7.1.2

The cost of advertising for the public hearing on the matter shall be borne by the applicant.

Okotoks Land Use Bylaw

Page | 19


Okotoks Land Use Bylaw

Page | 20


SECTION 8

ESTABLISHMENT OF DISTRICTS

8.1.0

LAND USE DISTRICTS

8.1.1

For the purposes of this Bylaw, the land within the boundaries of the Municipality shall be divided into one or more districts.

8.2.0

LAND USE MAP

8.2.1

The Land Use Map, as amended, is that Map attached to and forming part of this Bylaw and among other things, bearing the following identification:

8.2.2

Okotoks Land Use Bylaw

(a)

Appendix 1 - Town of Okotoks Land Use District Map;

(b)

Section 8.2.0 of Bylaw 40-98; and

(c)

adopted by Council this October 13, 1998, AD.

In the event that a dispute should arise over the precise location of a boundary of any district as shown on the Land Use Map, the Council shall decide on the dispute.

Page | 21


Okotoks Land Use Bylaw

Page | 22


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.1.0

GENERAL SETBACK REGULATIONS AND PROVISIONS

9.1.1

Double Frontage Lot Setbacks (Yards): For sites other than corner sites which have frontages on two streets, the Development Authority shall determine which frontage is the front and rear yards. In reaching its decision, the Development Authority shall take into consideration the orientation of other buildings in the area.

9.1.2

Setbacks Not Required: The minimum distances required for yards do not apply to: (a)

construction wholly beneath the surface of the ground;

(b)

unenclosed patios, decks, sidewalks and steps provided:

(c)

9.1.3

(i)

their floor surface does not rise more than 305 mm (1 ft.) above the finished ground elevation,

(ii)

the development is wholly within the site, and

(iii)

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

retaining walls provided: (i)

the wall does not encroach onto public land; and

(ii)

no portion of the wall creates an obstruction for emergency access around the perimeter of the building. (24-03)

Projections Over Setbacks (Yards): (a)

Okotoks Land Use Bylaw

(24-03)

In all districts except residential districts, projections over or onto a required minimum yard are at the discretion of the Development Authority.

Page | 23


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS (b)

In residential districts, portions of buildings may project over or onto a required minimum yard as follows: (9-00)

Structure

Front Yard 0.61m (2 ft.) 1.5m (4.92 ft.)

Rear Yard 0.61m (2 ft.) 1.5m (4.92 ft.)

Side Yard 0.61m (2 ft.) 1.5m (4.92 ft.)

Awnings, Canopies, Cantilevers, Bay Windows, Balconies, Chimneys or Pilasters

0.61m (2 ft.)

1.5m (4.92 ft.)

0.61m (2 ft.)

Unenclosed Decks with a Floor Surface Greater than 305 mm (1 ft.) Above Grade Garden Sheds

None

2m (6.56 ft.)

None

None

No Limit

No Limit

Rear Attached Garages or Carports

Not Applicable

No closer than 1m from rear property line

Same as principal building

Sills, Cornices, Eaves, Gutters Steps and Exterior Staircases

Okotoks Land Use Bylaw

Conditions These structures shall be 2.4m (7.87 ft.) or more above grade. These structures may occupy yards to a maximum cumulative area of 3.75 2 m (40.36 sq. ft.) and shall not cause an obstruction for emergency access to the rear yard. These structures may occupy yards to 2 a maximum cumulative area of 2.5 m (26.91 sq. ft.). These structures shall not cause an obstruction for emergency access to the rear yard and shall be permitted in only one side yard where side yards of less than 1.5 m are provided. These structures may occupy yards to 2 a maximum cumulative area of 12 m (129.17 sq. ft.) These structures may occupy yards to 2 a maximum cumulative area of 20 m (215 sq. ft.). These structures shall not have a permanent foundation, 2 exceed 10 m (107.6 sq. ft.) in area, exceed 3 m (9.8 ft.) in height or cause an obstruction for emergency access to the rear yard. These structures shall not exceed 5m (16.4 ft.) in height for the portion that projects into the rear yard and shall meet the side yard requirements of the district for the principal building.

Page | 24


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.1.4

River and Escarpment Setbacks: (a)

(b)

9.1.5

Notwithstanding any other setback provision in this Bylaw, all buildings or structures in a new subdivision area shall be: (i)

at least 60m (196.85 ft.) from the high water level of the Sheep River as defined by provincial regulation, and

(ii)

at least 30 m (98.42 ft.) from the top and toe of any escarpment having a slope of 15% or greater.

The requirements of clauses (i) and (ii) above may be relaxed by the Municipal Planning Commission or Development Officer if it can be demonstrated through a Slope Stability or Flood Risk Area Planning and Geotechnical Report that a reduced setback will not adversely impact the Sheep River and/or escarpment.

Noise Attenuation Setbacks: All residential buildings adjacent to Southridge/Northridge Drive (Highway 2A), Highway 7, and the CP Railway shall be setback a minimum distance of 27m (88.58 ft.) from the boundary of the right-of-way to the nearest wall. This setback may be reduced if a sound shadow exists or a noise attenuation device is provided and the applicant demonstrates, to the satisfaction of the Development Authority, that a lesser setback is warranted.

9.1.6

Sub-Standard Lane Setbacks: When a site abuts a lane 6m (19.68 ft.) or less in width, the Development Authority may require a rear yard setback for accessory buildings greater than the prescribed minimum.

9.1.7

High Pressure Pipeline Setbacks: Notwithstanding any other setback provision in this Bylaw, all habitable buildings or structures shall be setback a minimum distance of 15m (49.21 ft.) from the center line of a high pressure pipeline operating in excess of 690 KPA.

Okotoks Land Use Bylaw

Page | 25


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.1.8

Corner Visibility Setbacks: No vegetation, finished lot grade, building or structure shall exceed the general elevation of the street by more than 750 mm (25 inches) within the area defined as a corner visibility triangle as illustrated below: (a)

All districts but the C-CB and HMU districts:

7.50 m

Street

Lane

Corner Site

7.50 m

(b)

Street

C-CB and HMU districts:

3.00 m

Street

Lane

3.00 m

Okotoks Land Use Bylaw

Corner Site

Street

Page | 26


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.1.9

Projection Over Utility Right-of-Way Notwithstanding any setback provision of this Bylaw, no buildings or structures including projections such as eaves, stairs, decks, porches, cantilevers and other similar projections shall encroach onto, under or over a utility right-of-way. (36-00)

9.2.0

SITE SERVICING

9.2.1

Septic, biological or other sewage treatment and disposal tanks may be permitted where no public sewerage system is available within 50m (164.0 ft.), of the site and is not likely to become available within a reasonable time.

9.2.2

Private sewage disposal systems shall not be constructed on any premise once a public sewer is made available within 50m (164.0 ft.) of the principal building.

9.2.3

Septic tanks or sewage holding tanks, as regulated by provincial legislation, shall not be located within: (a)

1m (3.3 ft.) of any property line;

(b)

10m (32.8 ft.) of any water source; and

(c)

1m (3.3 ft.) of any building.

9.2.4

The Owner of a private sewage disposal system shall maintain a log of the maintenance and servicing of the system for purposes of inspection by the Development Authority.

9.2.5

All telephone and electrical servicing shall be underground.

9.3.0

PARKING AND LOADING FACILITIES

9.3.1

Determining Parking and Loading Space Requirements:

Okotoks Land Use Bylaw

(a)

Parking and loading spaces shall be provided on site in accordance with the minimum parking requirements in each district of this Bylaw.

(b)

Parking and loading spaces shall be calculated on the basis of gross floor area and, where a fractional figure occurs, shall be rounded to the next higher figure.

(c)

Interior malls, stairways and elevators providing for the through movement of pedestrians shall not be included in the gross floor areas for the purposes of calculating parking and loading space requirements.

(d)

Where the term “seats� is used, parking shall be based upon fire occupancy ratings.

(e)

Where employee parking is required, parking shall be factored on the basis of maximum persons employed at any one time.

(f)

When a building is occupied by a combination of two or more uses, parking requirements shall be determined in accordance with each use separately unless the combination of two or more uses is associated in Page | 27


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS terms of ownership and/or management and it can be demonstrated that the combination of uses have different periods of peak parking demand or efficiencies in parking are achieved through the combination of uses.

9.3.2

9.3.3

Okotoks Land Use Bylaw

(g)

For additions to existing buildings, full parking requirements for the entire site shall be provided in accordance with this Bylaw.

(h)

Parking and loading requirements for uses similar to those, as set out in this Bylaw, shall be provided as determined by the Development Authority.

Parking Lot Design: (a)

Parking spaces shall not be provided within a required yard or landscaped area.

(b)

Where an off-street parking lot includes 40 or more at grade parking spaces, the parking spaces shall be arranged within smaller cells and defined by landscaping.

(c)

Parking areas shall be designed, located and constructed to ensure: (i)

adequate maintenance;

(ii)

safe and efficient vehicle circulation;

(iii)

an aesthetically pleasing appearance from public roads;

(iv)

adequate landscaping can be incorporated; and

(v)

easy access to all parking spaces is provided.

(d)

All required on-site parking shall be graded and paved so as to ensure that drainage will be confined to the site and disposed of in a manner satisfactory to the Development Authority.

(e)

For parking lots containing 5 or more spaces, a minimum of one parking space, having a minimum width of 4m (13.12 ft.), shall be provided for the handicapped, and shall be clearly marked as such and located close to building entrances.

(f)

All parking lots associated with commercial, industrial and institutional land uses shall include provision for adequate bicycle parking. (5-01)

Loading Space Design: (a)

Loading spaces shall not be provided within a required yard.

(b)

Each loading space shall have a minimum area of 28m2 (301.40 sq. ft.), minimum width of 3.5m (11.48 ft.) and minimum overhead clearance of 3.5m (11.48 ft.).

(c)

Loading spaces shall be designed and located so that all vehicles using those spaces can be parked and maneuver entirely within the bounds of the site before moving onto adjacent public roads. Page | 28


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.3.4

Parking Requirements: The minimum parking requirements for each use is indicated in the list of permitted and discretionary uses in each district. These requirements are summarized in the table below for the purpose of determining parking requirements in circumstances where the development authority is given discretion, for similar uses or when new land uses are added to the bylaw. Class 1

2

3

A B C D E A B C

Suburban Commercial General Commercial Low Intensity Commercial Commercial Accommodations Industrial Vehicle Service Bays Fuel Pumps and Car Washes Drive Though Windows

D

Outdoor Display/Storage of Products

A

C

Facilities designed with seating (Arenas, Assembly Halls, Bingo Establishments, Community Buildings and Facilities, Funeral Homes, Public and Quasi-Public Buildings and Facilities, Theaters, Religious Institutions) Community, Public and Quasi-Public Buildings and Facilities not designed with seating Schools

D

Bowling Alley

A B

Dwelling Units Apartments and Attached Housing in R-MD district Lodging Houses and Studio Suites Group Homes and Child Care Facilities Senior Citizen’s Homes

B

4

C C D

9.3.5

Standard 2

1 space/ 17m 2 1 space/37m 2 1 space/46m 1 space/ room+1 space/employee 2 1 space/56m 3 parking spaces/service bay 3 stacking spaces/pump or car wash entrance 5 stacking spaces/window+2 parking spaces/ window for food services 2 1 parking space/2000m of display or storage area 1 space/5 seats

1 space/37m

2

2 spaces/class for elementary schools 4 spaces/class for junior high/middle schools 8 spaces/class for senior high schools 5 spaces/alley+typical parking standard of the district for floor space not used for bowling alleys 2 spaces/dwelling 1.5 space/dwelling 1 space/unit 1 space/employee 1 space/4 units

Payment in Lieu of Parking: Should the Development Authority deem it advisable, it may accept payment in lieu for a deficiency in on-site parking spaces, up to a maximum of 25% of the required number of parking spaces. This payment shall be based on the amount of money determined by Council to be adequate to provide an equivalent number of parking spaces elsewhere in the district in which the development is proposed.

Okotoks Land Use Bylaw

Page | 29


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.3.6

Off-Site Parking Spaces: Should the Development Authority deem it advisable, it may require the developer to provide required parking on land other than that to be developed provided that:

Okotoks Land Use Bylaw

(a)

the alternate parking area is within 122m (400.26 ft.) of the site where the principal building is located or where the approved use is carried on, but shall not be provided in a residential district;

(b)

the alternate parking area is under the absolute control of the owner of the development or successor for a term of years equal to the life of the approved principal development to the satisfaction of Council;

(c)

the alternate parking area will be maintained and made available at all times in a manner similar to an on-site parking area;

(d)

the owner of the development or a successor may seek the consent of the municipality to discontinue the use of an approved alternate parking area, if the owner provides a substitute parking area that conforms to the criteria required for an on-site parking area; and

(e)

the owner of the development or a successor shall enter into an agreement under seal with the Municipality deposing as to these and any other such relevant things as the Municipality may require and the said agreement shall be in such form as may be registered and maintained on the title or titles to such lands in the Land Titles Office.

Page | 30


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.3.7

Minimum Dimensions for Parking Areas: Parking spaces shall be designed and provided in accordance with the following diagram. The minimum distance between a parking area and any structure, tree or shrub shall be 0.5m (1.64 ft.) and when a sidewalk is required between a structure, tree or shrub, the minimum distance shall be 1.5m (4.92 ft.). One Way - Single Aisle - 90 Degree

One Way - Two Aisle - 90 Degree

Two Way - Two Aisle - 90 Degree

5.80 m

7.00 m

7.00 m

2.50 m

7.00 m

2.50 m

5.80 m

Building One Way - Single Aisle - 60 Degree

5.80 m

2.50 m

1.50 m

One Way - Two Aisle - 60 Degree

Two Way - Two Aisle - 60 Degree

6.00 m

5.50 m

6.00 m

5.50 m

2.50 m

Structure One Way - Single Aisle - 45 Degree

0.50 m

One Way - Two Aisle - 45 Degree

Two Way - Two Aisle - 45 Degree

5.90 m

3.60 m

Structure One Way - Single Aisle - 30 Degree

6.00 m

3.60 m

2.50 m

0.50 m

One Way - Two Aisle - 30 Degree

Two Way - Two Aisle - 30 Degree

5.10 m 6.00 m 3.20 m

3.20 m

2.50 m

Structure

Okotoks Land Use Bylaw

0.50 m

Page | 31


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.3.8

Tandem Parking: Tandem Parking may only be permitted for the following: (a) Funeral Homes; (b) Single Detached Dwellings; or (c) Attached houses and duplexes in a dwelling group where the overall parking provision is greater than 2.5 spaces per dwelling unit. (28-09)

9.4.0

FENCING AND HEDGES

9.4.1

Except for fences in industrial districts and fences around Building Supply Centers in a commercial district, the height of a fence or perimeter hedge shall not exceed: (a)

1.0m (3.28 ft.) in the front yard; and

(b)

2.0m (6.56 ft.) in all other yards.

In cases where a fence is constructed on a retaining wall, height is calculated as the average combined height measured from grade on both sides of the fence and retaining wall. (24-03) 9.4.2

The height of fences in an industrial district and fences for Building Supply Centers in a commercial district shall be determined by the Development Authority taking into consideration Outside Storage provisions of this Bylaw.

9.4.3

Fences containing barbed wire are not permitted except for: (a)

in an industrial or commercial district where the barbed wire is required for security purposes, is located only in the rear or side yard and is located above a height of 1.8m (6 ft.); or

(b)

where the fence is required in conjunction with extensive agricultural uses. In no case shall such fencing be located within 30m (98.42 ft.) of urban density development.

9.5.0

LANDSCAPING

9.5.1

Any area requiring landscaping or topographic reconstruction shall be landscaped and/or reconstructed so that the finished surface contours do not direct surface drainage onto an adjoining site.

9.5.2

Landscaped areas shall conform with the following requirements and standards:

Okotoks Land Use Bylaw

(a)

all areas of a site not covered by buildings, outside storage, parking or vehicular maneuvering areas or similar structures shall be landscaped;

(b)

where a private outdoor amenity space is provided within a required minimum landscaped area, it shall be considered as satisfying both requirements;

Page | 32


SECTION 9

9.5.3

GENERAL LAND USE REGULATIONS AND PROVISIONS (c)

existing soft landscaping retained on the site may be considered in fulfillment of the total landscaping requirement;

(d)

trees shall be planted in the overall minimum ratio of one tree per 35 m2 (376.7 sq. ft.) of the landscaped area provided, except that the ratio shall be one tree per 70 m2 (753.5 sq. ft.) for public and separate schools;

(e)

the quality and extent of landscaping established on a site shall be the minimum standard to be maintained on the site for the life of the development;

(f)

all areas of soft landscaping shall be provided with adequate means of irrigation; and

(g)

in addition to all other landscaping requirements, all Town boulevards adjoining the site shall be landscaped.

Soft landscaping shall be provided as follows: (a)

all plant materials shall be of a species capable of healthy growth in Okotoks and shall conform to the standards of the Canadian Nursery Trades Association for nursery stock;

(b)

the mixture of tree sizes at the time of planting shall be equivalent to a minimum of 50 percent large trees;

(c)

coniferous trees shall comprise a minimum proportion of one third of all trees planted;

(d)

the minimum size for deciduous trees shall be: (i)

for small deciduous trees, 50 millimeters caliper except 35 millimeters caliper for flowering ornamentals; and

(ii)

for large deciduous trees, 85 millimeters caliper;

(e)

the minimum size for smaller coniferous trees shall be a height of 2 meters and for large coniferous trees, a height of 3 meters;

(f)

shrubs shall be a minimum height or spread of 600 millimeters at the time of planting;

(g)

wherever space permits, trees shall be planted in groups; and

(h)

a majority of the required landscaping shall be concentrated in the front yard.

9.6.0

SCREENING BETWEEN RESIDENTIAL AND NON-RESIDENTIAL LAND USES

9.6.1

Where a development is proposed that is not residential and which abuts an existing residential site, adequate screening or buffering shall be provided on the site of the development to the satisfaction of the Development Authority.

Okotoks Land Use Bylaw

Page | 33


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.7.0

OUTSIDE STORAGE

9.7.1

Outside storage is not permitted except for: (a)

the parking of vehicles used in the operation of an approved commercial or industrial use for periods no longer than 72 hours;

(b)

the display of new and used vehicles intended for sale to the public within an approved Automobile Dealership;

(c)

the temporary storage of vehicles intended for repair at an Automotive Repair and Service Shop or Auto Body and Paint Shop;

(d)

the temporary storage of building supplies intended for sale to the public within an approved Building Supply Center; and

(e)

within an approved Storage Yard or a storage yard accessory to an approved industrial use.

9.7.2

Storage Yards and all storage areas shall be screened from all adjacent sites and thoroughfares to the satisfaction of the Development Authority.

9.7.3

Storage Yards and storage areas for wrecked or damaged vehicles shall be enclosed by buildings and/or screening fence with a minimum height of 2 m (6.56 ft.) to the satisfaction of the Development Authority.

9.7.4

All outside storage of building supplies for Building Supply Centers in a commercial district shall be enclosed by buildings and/or screening fence with a height of 2.5 m (8.2 ft.) to the satisfaction of the Development Authority.

9.8.0

GARBAGE FACILITIES

9.8.1

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

9.8.2

Garbage shall be: (a)

stored in weatherproof and animal-proof containers;

(b)

screened from adjacent sites and public thoroughfares; and

(c)

provided in a location easily accessible for pickup;

to the satisfaction of the Development Authority. 9.8.3

Okotoks Land Use Bylaw

All dwelling units shall be located within 30m (98.42 ft.) of a garbage facility.

Page | 34


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.9.0

HOME OCCUPATIONS

9.9.1

Purpose: The purpose of this Section is to:

9.9.2

(a)

permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income in the belief that a home occupation is a right rather than a privilege;

(b)

protect residential areas from adverse impacts of activities associated with home occupations; and

(c)

establish performance standards for home occupations conducted in dwelling units and accessory buildings in residential areas.

Performance Standards: The performance standards in this section are intended to be used as general guidelines.

Okotoks Land Use Bylaw

(a)

Except as otherwise permitted in this Section, a home occupation shall be conducted in a manner which does not give an outward appearance of nor manifest characteristics of a business which would infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units or infringe upon or change the intent of the residential district. This means there should be no outside storage or window display. It also means that the noise, dust, odors, noxious fumes, or vibrations emanating from the premises should not exceed that which is normally produced by a dwelling unit. Mechanical or electronic equipment which is incidental to the home occupation may be used provided it does not create visible or audible interference in radio or television receivers or cause fluctuations in line voltage off the premises. The home occupation shall not interfere with the delivery of utilities or other services to the area.

(b)

A home occupation is permitted to operate in a garage, provided it does not prevent the continuing use of the garage for its primary intended purpose of parking vehicles.

(c)

The home occupation should not generate significantly greater traffic volume than would normally be expected in the particular residential area in which the home occupation is conducted. Generally, delivery and pick up of materials or commodities to and from the premises by a commercial vehicle should not exceed two trips per week, though this standard may be increased in the case of Home Occupations-Major.

(d)

The parking of client vehicles should not create safety hazards or unusual congestion. One additional on-site parking space shall be required above the normal parking requirements for the site where two or more clients are likely to concurrently visit the premises and their methods of transportation are separate motor vehicles.

Page | 35


SECTION 9

Okotoks Land Use Bylaw

GENERAL LAND USE REGULATIONS AND PROVISIONS (e)

At any one time, only one commercial vehicle associated with the activities of the home occupation may be parked on-street near the premises and for periods no longer than four consecutive hours.

(f)

The home occupation is to be conducted only by members of the family residing in the dwelling unit for a Home Occupation - Minor. For a Home Occupation-Major, two non-resident assistants or employees are permitted. One additional on-site parking space per assistant or employee shall be required above the normal parking requirements for the site where a non-resident employee’s method of transportation to and from the site of the home occupation is a motor vehicle. Persons engaged in building trades or similar fields, using their dwelling units as an office for activities carried on off the premises, may have more employees than the limitations set forth above if they are not employed on the premises.

(g)

One flush-mounted sign, not over 0.2 m2 (2.15 sq. ft.) in area, is permitted per dwelling unit with a home occupation. The sign may show only the type of occupation, business name, name of occupant, or combination thereof. The sign shall be flush mounted to the exterior of the residence or accessory building and shall not be illuminated internally. Placement of such a sign, and any associated lighting, should not be intrusive to the neighborhood.

(h)

If the home occupation is the type in which classes are held or instruction given, there shall be no more than four students or pupils in the dwelling unit at any one time for a Home Occupation - Minor. More than four students shall be considered a Home Occupation - Major. These requirements limiting class size shall not be construed to prohibit occasional exceptions for events such as recitals, demonstrations, and other similar gatherings. All classes with four or more students shall be scheduled at least 30 minutes apart to mitigate traffic congestion. If the motor vehicle traffic associated with students coming to and going from classes is limited to a total of no more than two vehicles during any period of 60 consecutive minutes, then the classes need not be scheduled 30 minutes apart.

(i)

If the home occupation is the type in which clients visit the premises, there shall be no more than three clients in the dwelling unit during any period of 24 hours for a Home Occupation - Minor. For a Home Occupation - Major, there shall be no more than three clients in the dwelling unit during any period of 60 consecutive minutes. Motor vehicle traffic generated by clients of a home occupation shall be prohibited from visiting the premises between the hours 10:00 p.m. and 8:00 a.m. Motor vehicle traffic associated with clients or coming to or going from the premises shall be limited to a total of no more than four vehicles during any period of 60 consecutive minutes. The requirements of this Section shall not be construed to prohibit occasional exceptions for such events as meetings, conferences, demonstrations, or other similar gatherings.

(j)

The total number of home occupations conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations conducted within the dwelling unit thereof shall not exceed the intent of home occupation performance standards by compromising the character

Page | 36


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS of the neighborhood or operating such that the commercial use is no longer accessory to the principal residential character of the property. (k)

9.9.3

Home occupations shall comply with all municipal, provincial or federal regulations pertinent to the activity pursued, and the requirements of or permission granted by this Section shall not be construed as an exemption from such regulations.

Enforcement Procedures: (a)

Any aggrieved person believing that a violation or violations of this Section is occurring and who desires that action be taken shall notify the Development Officer in writing of such alleged violation(s). Within 30 calendar days after receipt by the Development Officer of such written allegation(s), the Development Officer shall complete an investigation of the allegation(s) to determine the merits thereof. Within 10 calendar days after the Development Officer has completed the investigation, the Development Officer shall notify in writing affected persons as follows: (i)

if the Development Officer determines that no violation as alleged or otherwise is occurring, then notification of that decision shall be given to the complaining person or a spokesperson for the complaining persons by mail; and

(ii)

if the Development Officer determines that a violation is occurring or has occurred as alleged, then notification of that decision and a time for compliance shall be sent by certified mail return requested to both the violator and complaining person or a spokesperson for the complaining person. The notification shall also state what action, if any, will be taken if compliance is not achieved in a timely manner.

(b)

The registering of complaints against the operation of a home occupation does not preclude the Development Officer’s compilation of issues and complaints related to the operation of a specific home occupation and to consult with the home occupation operator on an annual basis at the time of business license renewal.

(c)

In all cases of complaints or issues raised related to the operation of a home occupation, it is the expressed intent of this Bylaw to foster and maintain dialogue between Administration and the home occupation to achieve solutions through voluntary actions taken on behalf of the home occupation rather than enforcement action taken by Administration.

9.10.0

RELOCATION OF BUILDINGS

9.10.1

Where a development permit has been granted for the relocation of a building either on the same site or from another site, the Development Authority shall:

Okotoks Land Use Bylaw

(a)

require the applicant to provide a performance security of such amount to ensure completion of any requirements set out as a condition of approval of a permit; and

(b)

require the applicant to indemnify the municipality against any damages that may occur to public utilities and facilities as a result of the relocation. Page | 37


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.10.2

All structural and exterior renovations to a relocated building, or other permit requirements, are to be completed within one year of the issuance of the development permit.

9.10.3

The Development Authority may refuse a permit for relocation of a building if, in its opinion, it is unsightly or structurally unsound.

9.11.0

LAND SUBJECT TO FLOODING

9.11.1

Purpose and Intent: The purpose and intent of this Section is to discourage new development on flood prone lands and achieve the long term goal of maintaining and possibly decreasing the overall density of development on lands within the flood risk area. A distinction is made between the flood way where waters are deep, fast moving and more destructive and the flood fringe where water is shallow and moves slowly. Where new development is feasible it must be compatible with both the natural environment and existing built form within the flood risk area.

9.11.2

Okotoks Land Use Bylaw

General Requirements: (a)

No new buildings or other new structures shall be allowed in the flood way portion of the flood risk area.

(b)

The Development Authority may refer to Alberta Environment, for comment, any development permit application for development within the flood risk area.

(c)

The feasibility of permitting development and thereby removing any land from the flood risk area and more specifically the flood fringe shall be determined through a comprehensive Planning and Geotechnical Report.

(d)

The area surrounding the foundation of all new habitable buildings shall be raised to at least the 1:100 year flood level using fill or other such methods to the satisfaction of the Development Authority.

(e)

The main floor and all electrical and mechanical equipment in new buildings within the flood fringe shall be located a minimum of 0.5m (1.64 ft.) above the 1:100 year flood level.

(f)

Basements shall be discouraged in new buildings within the flood fringe area unless they are flood proofed to the satisfaction of the Development Authority.

(g)

Inside or outside storage of chemicals, explosives, flammable liquids, toxic or waste materials shall not be allowed within the flood risk area.

(h)

Any Geotechnical Report prepared in association with a development that is approved shall be registered by caveat against the title affected by the development.

Page | 38


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.11.3

Flood Risk Map: The Flood Risk Map is attached to the Land Use Bylaw as Appendix 2.

9.12.0

OBJECTS PROHIBITED OR RESTRICTED IN A RESIDENTIAL DISTRICT

9.12.1

No person shall be allowed to keep or maintain on a residential site or within the Heritage Mixed Use District: (a)

a school bus or a commercial vehicle with a gross vehicle weight (GVW) rating in excess of 10,500 lb. (4,762.8 kg) for longer than is reasonably necessary to unload the vehicle;

(b)

an industrial or construction vehicle with a gross vehicle weight (GVW) rating in excess of 10,500 lb. (4,762.8 kg) except when such a vehicle is required pursuant to a development or building permit for that site;

(c)

a dismantled, or derelict vehicle for more than 48 hours;

(d)

any object or chattel which, in the opinion of the Development Authority, is unsightly or tends to adversely affect the amenities of the district; and

9.13.0

GROUP HOMES

9.13.1

Group Homes shall be:

9.13.2

9.13.3

Okotoks Land Use Bylaw

(a)

located on a collector road ; and

(b)

located on a corner site and/or have access from a lane.

In considering whether a Group Home would be suitable for the location proposed, the Development Authority shall take into consideration: (a)

the design and intensity of the facility being proposed relative to the density of the district;

(b)

potential vehicle and pedestrian traffic generation;

(c)

proximity to parks or other open space areas;

(d)

the site’s relationship to surrounding residential lots; and

(e)

existing and proposed buffering to minimize impacts on surrounding residential properties.

In making its decision, the Development Authority shall establish the maximum number of residents and employees for the facility, having regard to provincial regulations and all other relevant factors.

Page | 39


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.14.0

CHILD CARE FACILITIES

9.14.1

In considering whether a Child Care Facility would be suitable for the location proposed, the Development Authority shall take into consideration: (a)

the design and intensity of the facility being proposed relative to the density of the district;

(b)

potential vehicle and pedestrian traffic generation;

(c)

proximity to parks or other open space areas;

(d)

the site’s relationship to surrounding uses; and

(14-12)

(e)

buffering between surrounding uses if required.

(14-12)

9.14.2

In making its decision, the Development Authority shall establish the maximum number of children for which care may be provided and maximum number of employees, having regard to provincial regulations and all other relevant factors.

9.15.0

PRIVATE SWIMMING POOLS, HOT TUBS AND OTHER WATER FEATURES IN RESIDENTIAL DISTRICTS

9.15.1

The Development Authority, in considering an application for a private swimming pool, hot tub or other water feature located within 30 m (98.42 ft.) of an escarpment shall take into account the findings of the required Slope Stability Geotechnical Study.

9.15.2

A private swimming pool shall be enclosed with a 1.8 m (6 feet) high fence constructed of chain link, metal, wood, stone or other material having an equivalent degree of strength, designed to reasonably deter children from climbing it to gain access to the fenced in area.

9.15.3

A hot tub shall be secured against entry by individuals other than the owner or tenant and their guests.

9.15.4

All private swimming pools shall be connected to the Town’s water and sanitary sewer system in accordance with provincial requirements.

9.15.5

A lighting system installed in conjunction with a swimming pool shall be arranged in such a manner that it does not interfere with the amenities of the adjacent properties.

9.16.0

AWNINGS AND CANOPIES

9.16.1

A development permit shall not be issued for the construction of any awning or canopy projecting over a public road until the applicant enters into an agreement with the Town to remove the canopy or awning in the event that a road widening occurs on the setback and the canopy or awning would interfere with the operation of the road.

9.16.2

A development permit shall not be issued for the construction of any awning or canopy projecting over public property until:

Okotoks Land Use Bylaw

Page | 40


SECTION 9

9.16.3

GENERAL LAND USE REGULATIONS AND PROVISIONS (a)

the landowner enters into an encroachment agreement with the Town; and

(b)

the landowner files with the Town, in a form satisfactory to the Town’s solicitors, a public liability and property damage policy issued by an insurance company in favor of the Town in an amount satisfactory to the Town which shall: (i)

insure in respect of loss or damage, including personal injury or death, sustained by one or more persons or damage to property;

(ii)

indemnify against liabilities, claims, actions, loss, damages, judgments, costs and expenses which may accrue or be suffered by the Town or by any person by reason of, or arising out of, the erection, installation, suspension or alteration and maintenance and use of the awning or canopy;

(iii)

be maintained in force by the lawful owner of the awning or canopy until the awning or canopy has been removed; and

(iv)

name the Town as co-insured.

Canopies and Awnings shall: (a)

not project more than 1m (3.28 ft.) over public property and closer than 0.6m (1.97 ft.) to the sidewalk face of curb;

(b)

have a minimum clearance of 2.4m (7.87 ft.) from grade; and

(c)

not require any support system that encroaches onto public property.

9.16.4

Signs may be attached to or incorporated into the sides, front or bottom of a canopy or awning in accordance with Section 10.0.0 of the Bylaw.

9.17.0

UNDERGROUND PETROLEUM STORAGE TANKS

9.17.1

Underground petroleum storage tanks shall be erected, installed and maintained so that they conform to national and provincial regulations and codes.

9.17.2

Any new underground petroleum storage tank shall include a device to monitor product levels and records of product levels shall be maintained for the purpose of leak detection.

9.18.0

BUILDING EXTERIORS

9.18.1

The exterior finish on all buildings shall be of a permanent material satisfactory to the Development Authority.

9.18.2

The design, character and appearance of a building shall:

Okotoks Land Use Bylaw

(a)

be of a good architectural standard;

(b)

be compatible with other buildings in the vicinity;

(c)

be suited to the purpose of the land use district in which it is located; and Page | 41


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS (d)

comply with the provisions of any statutory plan applicable to the design, character or appearance of buildings;

to the satisfaction of the Development Authority. 9.18.3

All apparatus on the roof shall be screened to the satisfaction of the Development Authority.

9.18.4

The quality of the facade of all buildings shall be the minimum standard maintained on the site for the life of the development.

9.19.0

COMPREHENSIVE SITE PLANNING

9.19.1

Where the site is part of a larger area the whole of which may eventually be developed, the Development Authority shall require the submission of a comprehensive Development Phasing Plan for the whole area before dealing with the initial application and may require that the plan be prepared by a qualified professional.

9.20.0

PRIVATE VEHICLE AND PEDESTRIAN FACILITIES

9.20.1

All private roads shall be constructed and surfaced to acceptable engineering standards and designed to accommodate emergency vehicles.

9.20.2

Private roads shall have a minimum carriageway of 7m (22.96 ft.) and in cases where more than 200 vehicle trips per day are expected, private roads shall have a minimum carriageway of 9m (29.52 ft.).

9.20.3

Dead-end roads or cul-de-sacs shall have a turning circle at the dead-end with a radius of at least 13m (42.65 ft.).

9.20.4

Areas intended for vehicle circulation shall be adequately signed to ensure that private roads are not blocked by parked vehicles or other obstructions that would impede the movement of emergency vehicles.

9.20.5

Internal pedestrian walkways, where provided, shall have a minimum width of 1m (3.28 ft.) and shall be constructed and surfaced to acceptable engineering standards.

9.21.0

OUTDOOR SEATING AREAS FOR EATING ESTABLISHMENTS

9.21.1

Outdoor seating areas may be developed in conjunction with eating establishments in side, front or rear yards in districts in which “eating establishment� is listed as a permitted or discretionary use provided that: (a)

the development does not encroach upon a public sidewalk; and

(b)

the development does not displace any existing parking.

9.22.0

OUTDOOR LIGHTING

9.22.1

Purpose and Intent:

(53-98)

It is the intent of this Section to encourage lighting practices and systems which minimize light pollution, glare and light trespass into residential properties, while Okotoks Land Use Bylaw

Page | 42


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS maintaining night-time on-site safety and security and providing for product display during evening operating hours. The intent is to ensure all light fixtures are installed to maximize their effectiveness on the targeted property and minimize their adverse impact beyond the property. It is not the intent of this section to require the complete screening of indirect light from residential properties or eliminate all light trespass but to minimize light trespass and avoid direct glare into residential neighborhoods.

9.22.2

Regulations: (a)

All outdoor lighting shall use shielded light fixtures.

(b)

Direct Glare shall not be visible to an observer at ground level at the property line of any residential property within 100 m (328.08 ft.) of the site on which the lighting is located.

No Dire

Building

Commercial

P/L

ct Glare

Road

Buffer

P/L

Residential

Illumination levels from light fixtures shall not exceed 0.5 horizontal foot candles at a distance of 8m (26.25 ft.) beyond the property line.

9.23.0

Okotoks Land Use Bylaw

(c)

Outdoor lighting in commercial and industrial districts shall not be mounted higher than 9 m (29.52 ft.).

(d)

The preferred source of illumination is Low Pressure Sodium and High Pressure Sodium lamps except where it can be demonstrated that another light source is required for the site.

(e)

Illumination levels shall not exceed the levels recommended by the lluminating Engineers Society of North America (IESNA, or IES).

(f)

All exterior lighting fixtures, whether attached to the building face or on freestanding light standards, shall be architecturally integrated with the building style, material and colors of the principal building.

(g)

No flickering or flashing lights shall be permitted.

(h)

Freestanding light standards shall not be located within any portion of a screening or buffering area required between residential and nonresidential land uses.

(i)

Notwithstanding Section 9.22.2(a), light fixtures may be directed upward to illuminate buildings or landscaping or for decorative purposes but such lighting shall have at least 90 percent of its total distribution pattern within the profile of the illuminated object.

BED AND BREAKFAST ACCOMMODATIONS

Page | 43


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS

9.23.1

Bed and breakfast accommodations shall not interfere with the rights of other residents to quiet enjoyment of a residential area and shall be an incidental and subordinate use to the principal residential use.

9.23.2

Except for in the HMU District, bed and breakfast accommodations shall: (a)

be restricted to the dwelling unit;

(b)

for signage, be limited to the provisions for Home Occupation -Major in the home occupation regulations;

(c)

not require any alteration to the building and shall not change the principal character or external appearance of the dwelling involved;

(d)

not occupy more than 25% of the dwelling;

(e)

not employ anyone but the residents of the dwelling;

(f)

not provide for more than four guests; and

(g)

comply with provincial regulations.

9.23.3

Bed and breakfast accommodations in the Heritage Mixed Use District shall comply with regulations contained in that district.

9.24.0

SATELLITE DISHES IN RESIDENTIAL DISTRICTS

9.24.1

Satellite dishes in residential districts shall not exceed 0.6 m (1.97 ft.) in diameter.

9.25.0

STUDIO SUITES

9.25.1

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

(9-00) (33-02)

(a)

a bi-level basement, the third level of a split level basement or the walkout basement portion of a principal building; (28-09)

(b)

an accessory building intended to contain only a studio suite; or

(c)

above an attached or detached garage.

9.25.2

A studio suite shall comply with all building code requirements including but not limited to fire wall separations, separate accesses to each dwelling unit and separate heating systems for each dwelling unit.

9.25.3

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

9.25.4

Sites containing studio suites shall be developed so that:

Okotoks Land Use Bylaw

Page | 44


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS (a)

the portion of the principal building or accessory building containing the suite reflects the design of the principal building on the site incorporating similar design features such as window and door detailing, exterior cladding materials and colors, and roof lines; and

(b)

all buildings on site are compatible in scale to single detached development in the immediate vicinity; and

(c)

all site improvements associated with a studio suite such as site landscaping, parking and fencing is consistent in design to site improvements associated with single detached development in the immediate vicinity.

9.25.5

Studio Suites shall not be located within an Apartment building.

(28-09)

9.25.6

Sites containing studio suites shall be developed so that the parking space for the Studio Suite is not a tandem parking space. (28-09)

9.26.0

ACCESSORY COMMERCIAL ESTABLISHMENTS

9.26.1

An accessory commercial establishment may be located within either:

(4-01)

(a)

the principal building;

(b)

an accessory building intended to contain only an accessory commercial use; or

(c)

above a detached garage.

9.26.2

An accessory commercial establishment shall comply with all Building Code requirements including but not limited to fire wall separations and separate access.

9.26.3

In no instance shall two separate accessory buildings be developed on a single site where one is a detached garage and the other contains an accessory commercial establishment.

9.26.4

A comprehensive signage proposal shall be submitted in conjunction with any development permit for an accessory commercial establishment in this district. The plan should demonstrate the compatibility of the proposed signage with the residential character of the area. Signs are encouraged to be front lit and constructed with wood and/or wrought iron. Internally illuminated plastic signs, and flashing or neon signs are prohibited.

9.26.5

Sites containing an accessory commercial establishment shall be developed so that:

Okotoks Land Use Bylaw

(a)

the portion of the principal or accessory building containing the commercial establishment reflects the design of the principal building on the site incorporating similar design features such as window and door detailing, exterior cladding materials and colours, and roof lines;

(b)

all buildings on site are compatible in scale to single detached development in the immediate vicinity; and

Page | 45


SECTION 9

GENERAL LAND USE REGULATIONS AND PROVISIONS (c)

all site improvements associated with the commercial establishment such as landscaping, parking and fencing is consistent in design to site improvements associated with single detached development in the immediate vicinity.

9.27.0

RETAINING WALLS

9.27.1

Retaining walls shall: (a)

(b)

Okotoks Land Use Bylaw

(24-03)

be designed and constructed to: (i)

maintain positive overland drainage on all portions of the site;

(ii)

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

not divert overland drainage onto adjacent properties.

Page | 46


SECTION 10

SIGN REGULATIONS AND PROVISIONS

10.1.0

DEFINITIONS The following definitions and any other applicable definition in this Bylaw shall apply to signs. “A-board” means a self supporting A-shaped sign or sandwich board which is set upon the ground and has no external supporting structure. “advertising sign” means a sign directing attention to or identifying, in any matter an object, event or person. “area” means the size of the surface of the face of a sign; (a)

and in the case of a sign comprising individual letters or symbols, means the size of a single geometric figure (e.g. square, rectangle, circle, triangle, trapezoid) which would enclose all of the letters of symbols; and

(b)

in the case of a sign comprising two or more faces, means one-half of the size of the surface of all the faces of the sign.

“awning sign” means a sign which is painted on or affixed flat to the surface of an awning. “bench sign” means a sign which is painted on or affixed flat to a bench. “billboard” means a sign to which advertisement copy is pasted, glued, painted or otherwise fastened to permit its periodic replacement. “canopy sign” means any sign attached to, or constructed in or on a canopy and may include a computerized sign. “community advertising sign” means a sign sponsored by an Okotoks Community Business Group or Association for the purpose of identifying and promoting individual businesses, business groups or associations in a business directory format and may be incorporated into a community information sign. “community information sign” means a sign sponsored directly or indirectly by the Municipality which provides information about the Town of Okotoks and may include a computerized sign and space for information about special community events. “computerized sign” means a sign on which the copy changes automatically and many include an electric message center, or an electric or electronic time and temperature unit. “directional sign” means a sign which gives direction to a private premises. “fascia sign” means a flat sign, plain or illuminated, running parallel for its whole length to the face of the building to which it is attached and may include a computerized sign. “flashing sign” means a sign which contains an intermittent or flashing light source but does not include a computerized sign. “freestanding sign” means a sign supported independently of a building, wall, or structure and attached permanently to the ground and may include a Okotoks Land Use Bylaw

Page | 47


SECTION 10

SIGN REGULATIONS AND PROVISIONS computerized sign. It is supported by one or more columns, uprights, or braces in or upon grade. “identification sign” means a sign which contains no advertising, but is limited to the name, address and number of a building, institution or the occupation of the person. “neighborhood identification sign” means a sign which states the name of a neighborhood and may contain a logo or symbol which is related to the neighborhood. “portable sign” means a sign, excluding an A-board sign, that can be carried or transported from one site to another. “projecting sign” means a sign other than a canopy or awning sign which projects from a structure or a building face or wall. “roof sign” means any sign erected upon, against, or above a roof or a parapet of a building. “rotating sign” means a sign or portion of a sign which moves in a revolving manner, but does not include a clock. “sign” means anything that serves to indicate the presence or the existence of something, including but not limited to a lettered board, a structure, or a trademark displayed, erected, or otherwise developed and used or serving or intended to identify, to advertise or to give direction. “window sign” means and includes any sign, either painted on, attached to, or placed inside a window for the purpose of viewing from outside the premises.

Okotoks Land Use Bylaw

Page | 48


SECTION 10

SIGN REGULATIONS AND PROVISIONS

10.2.0

PERMITS REQUIRED

10.2.1

Except as stated in Section 10.3.0, no sign shall be erected on land or affixed to any exterior surface of a building or structure unless a sign permit for this purpose has been issued by the Development Authority.

10.3.0

SIGNS NOT REQUIRING A SIGN PERMIT

10.3.1

The following signs do not require a Sign Permit, but shall otherwise comply with this Bylaw: (a)

Okotoks Land Use Bylaw

one temporary sign in any district which does not exceed 3m2 (32.39 sq. ft.) in area and is intended for: (i)

advertising the sale or lease of a building, or a bay, or land;

(ii)

identifying a construction or demolition project for which a permit has been issued;

(iii)

identifying a political campaign. Such a sign may be displayed for 30 days prior to an election or referendum and must be removed within 7 days following the election or referendum;

(iv)

advertising a garage sale or open house. Such a sign may be posted for a maximum period of 48 hours; or

(v)

advertising a campaign event or drive which has been approved by Council. Such a sign may be posted for a maximum period of 14 days;

(b)

one interim sign in any district which does not exceed 18m2 (193.75 sq. ft.) in area and is intended for identifying and advertising a new development area;

(c)

signs in the R-1N, R-1, R-1S, R-1St, R-1E, R-1AR, R-2, R-MH, R-MD, HMU, R-MU and RD districts which contain no more than the name, address, and number of a building or occupant, provided the sign area (4-01) does not exceed 0.2m2 (2.15 sq. ft.);

(d)

signs associated with an approved Home Occupation or Bed and Breakfast Accommodation;

(e)

municipal signs used to indicate street names, to control traffic, or to identify municipal buildings;

(f)

an official notice, sign, placard or bulletin required to be displayed pursuant to the provisions of Federal, Provincial, or Municipal legislation;

(g)

existing signs when only the face of a previously approved sign is being changed to reflect a change in the business name;

(h)

signs in the R-3, UH, and PS districts, all commercial districts excepting the HMU district, and all industrial districts which contain no more than

Page | 49


SECTION 10

SIGN REGULATIONS AND PROVISIONS name, address, and number of a building, institution or occupant provided that sign area does not exceed 1.5m2 (16.15 sq. ft.); (i)

signs in all districts but the R-1N, R-1, R-1S, R-1St, R-1E, R-1AR, R-2 and R-MU districts indicating on-site traffic circulation and parking regulations provided the sign area does not exceed 1.0m2 (10.76 sq. ft.) and the height, if freestanding, does not exceed 1.2m (3.94 ft.); (4-01)

(j)

maintenance of any lawful sign;

(k)

window signs if intended as a substitute for other forms of exterior building or structure signage not requiring a sign permit;

(l)

bench signs;

(m)

community information signs;

(n)

A-board signs; and

(o)

signs intended to provide guidance, warning or restraint of persons, provided the sign area does not exceed 0.4m (4.30 sq. ft.).

10.4.0

APPLICATION FOR A SIGN PERMIT

10.4.1

An application for a Sign Permit shall be made by submitting to the Development Authority the prescribed form, signed by the owner or an authorized agent, and accompanied by a replica of the proposed sign, drawn to scale showing: (a)

all dimensions of the sign structure, including the height and projection of the signs attached to buildings;

(b)

the area of the sign and the copy face(s);

(c)

the design of the copy face;

(d)

the manner of all sign illumination and/or animation;

(e)

the type of construction and finish to be utilized;

(f)

the method of supporting or attaching the sign; and

(g)

in the case of a freestanding sign, a site plan showing the sign location in relationship to property lines, parking and buildings and an elevation plan showing the height of the sign in relationship to the height of the principal building taking into account the gradient of the site.

10.4.2

The Development Authority may require additional copies of the application or of the sign replica.

10.4.3

If the sign is to be located other than on the applicant’s property a statement of permission from the property owner is required to be provided.

Okotoks Land Use Bylaw

Page | 50


SECTION 10

SIGN REGULATIONS AND PROVISIONS

10.5.0

GENERAL REGULATIONS FOR SIGNS

10.5.1

In considering a development application for a sign, the Development Authority shall have due regard to the amenities of the district in which the sign is located and the design of the proposed sign and ensure that the sign does not conflict with the general character of the surrounding streetscape or the architecture of nearby buildings.

10.5.2

No sign shall be erected so as to obstruct free and clear vision of vehicular traffic, or be located, or display a light intensity or color where it may interfere with, or be confused with any authorized traffic sign, signal or device and in so doing create a traffic hazard.

10.5.3

Signs may be illuminated but not flashing.

10.5.4

Electrical signs shall be erected, installed, and maintained so that they conform to: (a)

provincial regulations; and

(b)

the specifications of the Canadian Standards Association.

10.5.5

Permanent electrical signs shall not be connected in a temporary manner and all wiring crossing outdoor public access areas shall be located underground.

10.5.6

No person shall erect, construct or maintain a sign or display structure so as to create a hazard for pedestrian or vehicular traffic.

10.5.7

The base of all private signs shall be located within the site and with the exception of an approved awning and canopy signs no part of the sign shall overhang a public road or an adjacent site.

10.5.8

A sign which is separate from a building must be located so as to comply with the front yard setback requirements applicable to the principal building, unless otherwise provided.

10.5.9

A sign shall not be erected on, or attached to, municipal, provincial, or federal property, buildings, or structures unless permission is granted in writing from the authority having jurisdiction, and unless a sign permit is issued.

10.5.10

When a sign no longer fulfills its function under the terms of the approved Sign Permit or is deemed to create a hazard for pedestrian or vehicular traffic or is deemed to be in a state of disrepair such that it negatively impacts on the amenities of the neighborhood, the Development Authority may order the removal of such a sign, and the lawful owner of the sign or where applicable, the property owner, shall:

Okotoks Land Use Bylaw

(a)

remove such a sign and all related structural components within 30 days from the date of receipt of such a removal notice; and

(b)

restore the immediate area around the sign, to the satisfaction of the Municipality, including the ground or any building to which the sign was attached, as close as possible to its original from prior to the installation of the sign.

Page | 51


SECTION 10

SIGN REGULATIONS AND PROVISIONS

10.5.11

The message on a sign shall relate to the use of the parcel(s) on which the sign is located.

10.5.12

The owner of a sign shall be responsible for maintaining the sign in a proper state of repair and shall:

10.5.13

Okotoks Land Use Bylaw

(a)

keep it properly painted at all times;

(b)

ensure that all structural members and guy wires are properly attached to the sign and building; and

(c)

wash or otherwise clean all sign surfaces as it becomes necessary.

When a sign cannot be clearly categorized as any one of the sign types defined in this Bylaw, the Development Authority shall determine the sign type and applicable controls.

Page | 52


SECTION 10

SIGN REGULATIONS AND PROVISIONS

10.6.0

SIGN REGULATION BY TYPE The sign regulations in this Section do not apply to those signs not requiring a sign permit as listed in Section 10.3.0.

10.6.1

10.6.2

10.6.3

A-Board Signs: (a)

A-board signs shall only be allowed in the HMU and R-MU districts and all commercial and industrial districts. (4-01)

(b)

A-board signs in the HMU and R-MU districts and commercial districts shall not exceed 0.6m (2.0 ft.) in width and 1.0m (3.28 ft.) in height. (4-01)

(c)

A-board signs in industrial districts shall not exceed 1.0m (3.28 ft.) in width and 1.0m (3.28 ft.) in height.

(d)

A-board signs shall be manufactured by a professional sign painter, have a painted finish, be neat and clean and be maintained as such.

(e)

A-board signs shall not impede the movement of pedestrian and vehicular traffic.

(f)

A-board signs shall not be erected for a period exceeding 12 hours per day.

(g)

A-board signs shall not exceed one (1) sign per site.

Awning and Canopy Signs: (a)

Awning and canopy signs shall only be allowed in commercial and industrial districts.

(b)

Awning and canopy signs shall only be used as identification signs.

(c)

Awning and canopy signs shall only be attached to a canopy or awning which complies with Section 9.16.0 of the Land Use Bylaw.

(d)

Awning and canopy signs may be attached directly to the sides, front or bottom of an awning or canopy.

Billboards: Billboards shall not be permitted.

Okotoks Land Use Bylaw

Page | 53


SECTION 10

SIGN REGULATIONS AND PROVISIONS

10.6.4

Community Advertising Signs:

10.6.5

Okotoks Land Use Bylaw

(a)

Community advertising signs shall only be allowed in the C-CB, I-1, I-2, and UH districts.

(b)

Community advertising signs shall: (i)

have a low profile and blend in with the surrounding area;

(ii)

be permanent and stationary;

(iii)

not contain lighting depicting action or movement to create special effects or a pictorial scene; and

(iv)

be constructed of maintenance free materials.

(c)

The number, size and location of community advertising signs shall be determined by the Development Authority.

(d)

Notwithstanding Section 10.5.11 community advertising signs containing messages related to businesses may be located on parcels other than the parcel upon which the business occurs.

Fascia Signs: (a)

Fascia signs shall only be allowed in the HMU, R-MU and PS districts, all commercial districts and all industrial districts. (4-01)

(b)

Fascia signs in the PS districts shall only be used as identification signs.

(c)

Fascia signs shall be located on an exterior frontage wall, and at the discretion of the Development Authority, may be located on an existing wall which is not a frontage.

(d)

In the HMU and R-MU districts, fascia signs shall not exceed 0.3 m2 (3.23 sq. ft.) in total sign per area per site. (4-01)

(e)

In all commercial and industrial districts and the PS district the copy area of all fascia signs shall not exceed 20% of the face of the building or bay to which the sign is attached.

Page | 54


SECTION 10

SIGN REGULATIONS AND PROVISIONS

10.6.6

Freestanding Signs: (a)

Freestanding signs shall only be allowed in the HMU, R-MU and PS districts, all commercial districts and all industrial districts. (4-01)

(b)

Freestanding signs in the C-CB, and C-SD districts shall:

(c)

(d)

(e)

Okotoks Land Use Bylaw

(i)

not exceed 6m (19.68 ft.) in height or project above the height of the principal building;

(ii)

not exceed 5m2 (53.82 sq. ft.) in sign area;

(iii)

not project within 600 mm (1.97 ft.) of a property line;

(iv)

not exceed one (1) sign per site.

Freestanding signs in the C-HWY, C-SC, C-Gate districts and all industrial districts shall: (5-01) (i)

not exceed 9m (29.53 ft.) in height or project above the height of the principal building;

(ii)

not exceed 9m2 (96.88 sq. ft.) in sign area;

(iii)

not project within 600 mm (1.97 ft.) of a property line;

(iv)

not exceed one (1) sign per site.

Freestanding signs in the PS district shall: (i)

not exceed 3.5m (11.48 ft.) in height;

(ii)

not exceed 4.5m2 (48.44 sq. ft.) in sign area;

(iii)

not project within 600 mm (1.97 ft.) of a property line;

(iv)

only be used as an identification sign; and

(v)

not exceed one (1) sign per site.

Freestanding signs in the HMU and R-MU districts shall:

(4-01)

(i)

not exceed 2m (6.56 ft.) in height;

(ii)

not exceed 1.1m2 (11.84 sq. ft.) in sign area;

(iii)

not project within 600 mm (1.97 ft.) of a property line; and

(iv)

not exceed one (1) sign per site.

Page | 55


SECTION 10

SIGN REGULATIONS AND PROVISIONS

10.6.7

Neighborhood Identification Signs: (a)

10.6.8

Okotoks Land Use Bylaw

Neighborhood identification signs are allowed in all districts and shall: (i)

have a low profile and blend in with the architecture or development theme of the surrounding area;

(ii)

contain only the name of the neighborhood, or subdivision area and may contain symbols, or logos, or both of them related to the name;

(iii)

be permanent and stationary;

(iv)

not contain lighting depicting action or movement to create special effects or a pictorial scene;

(v)

be constructed of maintenance free materials; and

(vi)

not project within 600 mm (1.97 ft.) of a property line;

(b)

The number, size and location of neighborhood identification signs shall be determined by the Development Authority.

(c)

Land use designation signs are allowed in all districts and shall: (i)

not exceed 3m2 (32.29 sq. ft.) in sign area;

(ii)

not exceed 3.0m (9.84 ft.) in height; and

(iii)

be drawn to scale to ensure proper interpretation.

Portable Signs: (a)

Portable signs shall only be allowed in the C-HWY and C-SC districts and all industrial districts.

(b)

Portable signs shall not be permitted within 15m (49.21 ft.) of a site which contains residential development.

(c)

Portable signs shall not project within 600 mm (1.97 ft.) of a property line.

(d)

Portable signs shall not be placed on private internal sidewalks and parking areas.

(e)

Portable signs shall not exceed 6.75m2 (72.66 sq. ft.) in sign area and their height shall not exceed 2.5m (8.20 ft.).

(f)

Only one portable sign is permitted per site.

(g)

Each site is permitted one sign for a period or periods not exceeding a total of two (2) months per calendar year.

(h)

Notwithstanding Section 10.5.11 portable signs containing messages relating to business, events, and promotions may be located on parcels other than the parcel upon which the business, event or promotion occurs. Page | 56


SECTION 10

SIGN REGULATIONS AND PROVISIONS

10.6.9

Projecting Signs:

10.6.10

(a)

Projecting signs shall only be allowed in all commercial and industrial districts.

(b)

Projecting signs shall: (i)

not project more than 2m (6.56 ft.) from a building face;

(ii)

have a minimum clearance of 2.4m (7.87 ft.) from grade;

(iii)

not have any support from the ground over which it is hung;

(iv)

not exceed 5m2 (53.82 sq. ft.) in sign area; and

(v)

not exceed 6m (19.68 ft.) in maximum height and the sign must not project above the height of the principal building.

Roof Sign: Roof signs shall not be permitted.

10.6.11

Rotating Signs: Rotating signs shall only be allowed in the C-SC and C-HWY districts and shall be a part of a permitted freestanding sign.

10.6.12

Okotoks Land Use Bylaw

Computerized Signs: (a)

Computerized signs shall only be permitted in commercial districts, the PS district, the UH district and all industrial districts.

(b)

Computerized signs may be integrated into a community, canopy, fascia or freestanding sign.

Page | 57


Okotoks Land Use Bylaw

Page | 58


SECTION 11

RESIDENTIAL NARROW LOT SINGLE DETACHED DISTRICT (R-1N)

11.1.0

PURPOSE AND INTENT

11.1.1

The purpose and intent of this district is to provide narrow lot single-detached housing in a residential environment comparable in form and appearance to that of Residential Single Detached (R-1) development. (23-02 & 17-04)

11.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

11.2.1

Permitted Uses Accessory Buildings Family Day Homes Home Occupation-Minor Public Parks Single Detached Dwellings Utility Buildings

11.2.2

Minimum Parking Required (none) (none)

(14-12)

(discretion of development authority) (none) (2 parking spaces/dwelling) (discretion of development authority) (31-04)

Discretionary Uses Bed and Breakfast Accommodations Group Homes Home Occupations-Major Studio Suites

(1 space/room) (1 space/employee) (discretion of development authority) (1 space/suite in addition to the parking requirement for the single detached dwelling) (9-00)

11.3.0

GENERAL REQUIREMENTS

11.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

11.4.0

MINIMUM REQUIREMENTS

11.4.1

Area of Site: 352m2 (3789.02 sq. ft.)

11.4.2

Width of Site: 11m (36.09 ft.)

11.4.3

Front Yard:

Okotoks Land Use Bylaw

(a)

for sites fronting on collector streets: 6m (19.69 ft.)

(b)

all other sites: 5m (16.40 ft.) including a wall with a vehicle entrance

Page | 59


SECTION 11

RESIDENTIAL NARROW LOT SINGLE DETACHED DISTRICT (R-1N)

11.4.4

Side Yard: (a)

(b)

(c)

11.4.5

11.4.6

11.4.7

Okotoks Land Use Bylaw

Principal Buildings: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 5m (16.40 ft.) setback from the property line

(ii)

laneless sites without attached garages: one unobstructed side yard 3m (9.84 ft.) the other 1.2m (3.84 ft.) (17-04)

(iii)

all other: 1.2m (3.84 ft.)

Accessory Buildings containing Studio Suites:

(9-00)

(i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 5m (16.40 ft.) setback from the property line (28-09)

(ii)

all other: 1.5m (4.92 ft.)

Private Garages and other Accessory Buildings: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 5m (16.40 ft.) setback from the property line

(ii)

all other: 610 mm (2.00 ft.)

Rear Yard: (a)

Principal Buildings: 7.5m (24.60 ft.)

(b)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

(c)

Accessory Buildings containing Studio Suites: 1.5m (4.92 ft.)

(9-00)

Habitable Floor Area per Dwelling Unit: (a)

93m2 (1001.08 sq. ft.) for a single story dwelling unit which includes a bungalow or bi-level

(b)

107m2 (1151.89 sq. ft.) being the combined area of two levels of a splitlevel unit, or the combined area of two levels of a two-story unit

(c)

30m2 (322.93 sq. ft.) for studio suites

(9-00)

Landscaping: the boulevard and 30% of the site

Page | 60


SECTION 11

RESIDENTIAL NARROW LOT SINGLE DETACHED DISTRICT (R-1N)

11.5.0

MAXIMUM LIMITS

11.5.1

Coverage of Site

11.5.2

(a)

All buildings together, including Private Garages and other Accessory Buildings: 50% of site

(b)

Private Garages and all other Accessory Buildings: 14% of the site

Building Height: (a)

Principal Buildings: two stories to a maximum of 10m (32.81 ft.) (20-01)

(b)

Private Garages and other Accessory Buildings: 5m (16.40 ft.)

(c)

Private Garages containing a Studio Suite: 9m (29.53 ft.)

(9-00)

11.5.3

Residential Dwelling Units per Lot: one principal dwelling unit and one studio suite (9-00)

11.5.4

Habitable Floor Area for Studio Suites: maximum of 75m2 (807.32 sq. ft.)

11.6.0

SPECIAL CONDITIONS

11.6.1

Front Yards:

40% of principal dwelling unit to a (9-00) (23-02 & 17-04)

The minimum front yard for a principal building may be reduced by 1.5 m (4.92 ft.) in this district where a setback plan showing the required setback for each lot in a residential subdivision phase has been provided to the satisfaction of the municipality prior to development of the subdivision. The required setbacks for each lot must vary by a minimum of 0.5 m from the required setback on each abutting lot and a minimum 6 m (19.68 ft.) space must be provided between a wall containing a vehicle entrance and the back of sidewalk or back of curb where no sidewalk is provided. 11.6.2

Okotoks Land Use Bylaw

Parking Requirements:

(9-00)

(a)

For laneless sites containing a single detached dwelling in this district, a minimum of four on site parking spaces is required.

(b)

For laneless sites containing a single detached dwelling and studio suite in this district, a minimum of five on site parking spaces is required.

Page | 61


Okotoks Land Use Bylaw

Page | 62


SECTION 11A

RESIDENTIAL SMALL LOT SINGLE DETACHED DISTRICT (R-1S)

11A.1.0

PURPOSE AND INTENT

11A.1.1

The purpose and intent of this district is to provide high quality single-detached housing serviced by lanes on a small lot in comprehensively planned and architecturally integrated development cells.

11A.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

11A.2.1

Permitted Uses Accessory Buildings Family Day Homes Home Occupation-Minor Public Parks Single Detached Dwellings Utility Buildings

11A.2.2

Minimum Parking Required (none) (none)

(14-12)

(discretion of development authority) (none) (2 parking spaces/dwelling) (discretion of development authority) (31-04)

Discretionary Uses Bed and Breakfast Accommodations Group Homes Home Occupations-Major Studio Suite

(1 space/room) (1 space/employee) (discretion of development authority) (1 space/suite in addition to the parking requirement for the principal dwelling) (28-09)

11A.3.0

GENERAL REQUIREMENTS

11A.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

11A.4.0

MINIMUM REQUIREMENTS

11A.4.1

Area of Site: 258.4m2 (2777.2 ft2)

11A.4.2

Width of Site: 8.53m (28.00 ft.) provided the average site width for all residential lots is 9.7m (31.8 ft.) or more in each residential subdivision phase

11A.4.3

Depth of Site: 30.4m (99.74 ft.)

11A.4.4

Front Yard:

Okotoks Land Use Bylaw

(a)

For sites fronting on collector streets: 5m (16.40 ft.)

(b)

All other sites: 4m (13.12 ft.)

Page | 63


SECTION 11A

RESIDENTIAL SMALL LOT SINGLE DETACHED DISTRICT (R-1S)

11A.4.5

Side Yard: (a)

(b)

(c)

11A.4.6

11A.4.7

Principal Buildings: (i)

street side of corner site: 3m (9.84 ft.)

(ii)

all other: 1.2m (3.94 ft.)

Accessory Buildings containing Studio Suites: (i)

street side of corner site: 3m (9.84 ft.)

(ii)

all other: 1.5m (4.92 ft.)

Private Garages and other Accessory Buildings: (i)

street side of corner site: 3m (9.84 ft.)

(ii)

all other: 610mm (2.00 ft.)

Rear Yard: (a)

Principal Buildings: 7.5m (24.61 ft.)

(b)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

(c)

Accessory Buildings containing Studio Suites: 1.5m (4.92 ft.)

(28-09)

Habitable Floor Area per Dwelling Unit: (a)

(b)

Principal Dwelling Units: (i)

82m2 (882.7 ft2) for a single storey dwelling unit which includes a bungalow or bi-level

(ii)

93m2 (1001.1 ft2) being the combined area of two levels of a split-level unit, or the combined area of two levels of a two-storey unit

30m2 (322.93 sq. ft.) for Studio Suites

11A.4.9

Landscaping: the boulevard and 30% of the site

11A.5.0

MAXIMUM LIMITS

11A.5.1

Coverage of site:

Okotoks Land Use Bylaw

(28-09)

(28-09)

(a)

All buildings together, including Private Garages and other Accessory Buildings: 50% of the site

(b)

Private Garages and all other Accessory Buildings: 14% of the site

Page | 64


SECTION 11A

RESIDENTIAL SMALL LOT SINGLE DETACHED DISTRICT (R-1S)

11A.5.2

Lot width: (a)

11A.5.3

11.2m (36.75 ft.) except 13m (42.65 ft.) on corner lots and except nonrectangular lots where frontage does not exceed 11.2m

Building Height: (a)

Principal Buildings: two stories to a maximum of 10m (32.81 ft.) (20-01)

(b)

Private Garages and other Accessory Buildings: 5m (16.40 ft.)

(c)

Private Garages containing a Studio Suite: 9m (29.53 ft.)

(28-09)

11A.5.4

Residential Dwellings Units per Lot: one principal dwelling unit and one studio suite (28-09)

11A.5.5

Habitable Floor Area for Studio Suites: 40% of principal dwelling unit to a (28-09) maximum of 75m2 (807.32 sq.ft.)

11A.6.0

SPECIAL CONDITIONS

11A.6.1

Requirement for Lanes: All lots designated within this land use district shall be serviced by lanes.

11A.6.2

Parking Requirements:

11A.6.3

(a)

On-site parking shall be located in the rear of the lot and access to parking shall be from rear lanes only in this district.

(b)

The minimum parking requirement must be developed with the dwelling in the form of a parking pad, garage or carport prior to an occupancy permit being issued.

Front Yards: The minimum front yard for a principal building may be reduced by up to 1.5m (4.92 ft.) in this district where a setback plan showing the required setback for each lot in a residential subdivision phase has been provided to the satisfaction of the approving authority prior to development of the subdivision. The required setbacks for each lot should vary by a minimum of 0.5m (1.6 ft.) from the required setback on each abutting lot.

Okotoks Land Use Bylaw

Page | 65


SECTION 11A

RESIDENTIAL SMALL LOT SINGLE DETACHED DISTRICT (R-1S)

11A6.4

Design Guidelines: At time of application for land use redesignation, the developer shall prepare and submit comprehensive design guidelines for all dwellings and accessory buildings in the Residential Small Lot district. Among other things, the design guidelines shall describe the provision and coordination of the following elements:

Okotoks Land Use Bylaw

(a)

streetscape;

(b)

dwelling and accessory building architectural controls;

(c)

integration with adjacent land uses; and

(d)

outdoor amenity space.

Page | 66


SECTION 12

RESIDENTIAL SINGLE DETACHED DISTRICT (R-1)

12.1.0

PURPOSE AND INTENT

12.1.1

The purpose and intent of this district is to provide for low density single detached residential development.

12.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

12.2.1

Permitted Uses Accessory Buildings Family Day Homes Home Occupation-Minor Public Parks Single-Detached Dwellings Utility Buildings

12.2.2

Minimum Parking Required (none) (none)

(14-12)

(discretion of development authority) (none) (2 spaces/dwelling) (discretion of development authority) (31-04)

Discretionary Uses Bed and Breakfast Accommodation Group Homes Home Occupations-Major Studio Suites

(1 space/room) (1 space/employee) (discretion of development authority) (1 space/suite in addition to the parking requirement for the single detached dwelling) (9-00)

12.3.0

GENERAL REQUIREMENTS

12.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

12.4.0

MINIMUM REQUIREMENTS

12.4.1

Area of Site: 390m2 (4,198.06 sq. ft.)

Okotoks Land Use Bylaw

Page | 67


SECTION 12

RESIDENTIAL SINGLE DETACHED DISTRICT (R-1)

12.4.2

Width of Site:

12.4.3

12.4.4

(a)

12m (39.36 ft.) provided the average site width for all residential lots is 13m (42.65 ft.) or more in each residential subdivision phase

(b)

Notwithstanding the width of site provisions in Subsection 12.4.2(a), the minimum lot width for lots within the shaded area shown on the map below shall be 20m (65.62 ft.). (14-04)

Front Yard: (a)

for sites fronting on collector streets: 6m (19.69 ft.)

(b)

all other sites: 5m (16.40 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

Side Yard: (a)

Okotoks Land Use Bylaw

Principal Buildings: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

laneless sites with attached garages: 1.5m (4.92 ft.)

(iii)

laneless sites without attached garages: one unobstructed side yard 3m (9.84 ft.) the other 1.5m (4.92 ft.)

(iv)

Lots 9, 10, 11, Block 3, Plan 9211855: 1.2 m (3.84 ft.)

(v)

all other: 1.2m (3.84 ft.)

Page | 68


SECTION 12

RESIDENTIAL SINGLE DETACHED DISTRICT (R-1) (b)

(c)

12.4.5

12.4.6

Accessory Buildings containing Studio Suites: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: 1.5m (4.92 ft.)

Private Garages and other Accessory Buildings: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: 610 mm (2.00 ft.)

Rear Yard: (a)

Principal Buildings: 7.5m (24.60 ft.)

(b)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

(c)

Accessory Buildings containing Studio Suites: 1.5m (4.92 ft.)

(9-00)

Habitable Floor Area per Dwelling Unit: (a)

93m2 (1,001.08 sq. ft.) per unit of a single story dwelling unit which includes a bungalow or bi-level

(b)

107m2 (1,151.89 sq. ft.) per unit being the combined area of two levels of a split-level unit, or the combined area of two levels of a two-story unit

(c)

30m2 (322.93 sq. ft.) for studio suites

12.4.7

Landscaping: the boulevard and 30% of the site

12.5.0

MAXIMUM LIMITS

12.5.1

Coverage of Site:

Okotoks Land Use Bylaw

(9-00)

(9-00)

(a)

All buildings together, including Private Garages and other Accessory Buildings: 45% of site

(b)

Private Garages and all other Accessory Buildings: 14% of the site

Page | 69


SECTION 12

RESIDENTIAL SINGLE DETACHED DISTRICT (R-1)

12.5.2

Building Height: (a)

Principal Buildings: two stories to a maximum of 10m (32.81 ft.) (20-01)

(b)

Private Garages and other Accessory Buildings: 5m (16.40 ft.)

(c)

Private Garages containing a Studio Suite: 9m (29.53 ft.)

(9-00)

12.5.3

Residential Dwelling Units per Lot: one principal dwelling unit and one studio suite (9-00)

12.5.4

Habitable Floor Area for Studio Suites: maximum of 75m2 (807.32 sq. ft.).

12.6.0

SPECIAL CONDITIONS

12.6.1

Front Yards:

40% of principal dwelling unit to a (9-00)

The minimum front yard for a principal building, other than for a wall containing a vehicle entrance, may be reduced by 1.5m (4.92 ft.) in this district where a setback plan showing the required setback for each lot in a residential subdivision phase has been provided to the satisfaction of the municipality prior to development of the subdivision. The required setbacks for each lot must vary by a minimum of 0.5 m from the required setback on each abutting lot. 12.6.2

12.6.3

Parking Requirement:

(9-00)

(a)

For laneless sites containing a single detached dwelling in this district, a minimum of four on site parking spaces is required.

(b)

For laneless sites containing a single detached dwelling and studio suite in this district, a minimum of five on site parking spaces is required.

Zero Lot Line Development: Notwithstanding Section 12.4.4, a minimum side yard of zero (0) meters may be permitted for one side yard on lots registered in Plans 7910629, 8010296, 8010681, 8110766 and 8011047 provided a 3m (9.84 ft.) maintenance easement is registered against the property abutting the zero lot line development.

Okotoks Land Use Bylaw

Page | 70


SECTION 12A

RESIDENTIAL STUDIO SUITE DISTRICT (R-1St) (9-00)

12A.1.0

PURPOSE AND INTENT

12A.1.1

The purpose and intent of this district is to provide for low density residential development that is visually compatible with single detached development and provides for both a principal dwelling unit and a studio suite to be developed on a site.

12A.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

12A.2.1

Permitted Uses Accessory Buildings Family Day Homes Home Occupation-Minor Public Parks Studio Suite Dwellings Utility Buildings

12A.2.2

Minimum Parking Required (none) (none)

(14-12)

(discretion of development authority) (none) (3 spaces/site) (discretion of development authority) (31-04)

Discretionary Uses Home Occupations - Major

(discretion of development authority)

12A.3.0

GENERAL REQUIREMENTS

12A.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

12A.4.0

MINIMUM REQUIREMENTS

12A.4.1

Area of site:

12A.4.2

12A.4.3

(a)

for laneless sites: 490m2 (5,274.45 sq. ft.)

(b)

for laned sites: 352m2 (3,789.02 sq. ft.)

(36-00)

Width of site: (a)

for laneless sites: 16m (52.49 ft.)

(b)

for laned sites: 11m (36.09 ft.)

(36-00)

Front Yard: (a)

for sites fronting on collector streets: 6m (19.69 ft.)

(b)

all other sites: 5m (16.40 ft.) including a wall with a vehicle entrance (36-00)

Okotoks Land Use Bylaw

Page | 71


SECTION 12A

RESIDENTIAL STUDIO SUITE DISTRICT (R-1St) (9-00)

12A.4.4

Side Yard: (a)

(b)

(c)

12A.4.5

(b)

Okotoks Land Use Bylaw

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 5m (16.40 ft.) setback from the property line (36-00)

(ii)

laneless sites with attached garages: 1.5m (4.92 ft.)

(iii)

laneless sites without attached garages: one unobstructed side yard 3m (9.84 ft.) the other 1.5m (4.92 ft.)

(iv)

all other: 1.2m (3.84 ft.)

Accessory Buildings containing a Studio Suite: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 5m (16.40 ft.) setback from the property line (36-00)

(ii)

all other: 1.5m (4.92 ft.)

Private Garages and other Accessory Buildings: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 5m (16.40 ft.) setback from the property line (36-00)

(ii)

all other: 610 mm (2.00 ft.)

Principal Buildings: 7.5m (24.60 ft.) (i)

Accessory Buildings containing a Studio Suite: 1.5m (4.92 ft.)

(ii)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

Habitable Floor Area: (a)

12A.4.7

(i)

Rear Yard: (a)

12A.4.6

Principal Buildings:

Principal Dwelling Units: (i)

93m2 (1,001.08 sq. ft.) per unit of a single story dwelling unit which includes a bungalow or bi-level

(ii)

107m2 (1,151.89 sq. ft.) per unit being the combined area of two levels of a split-level unit, or the combined area of two levels of a two-story unit

Studio Suites: 30m2 (322.93 sq. ft.)

Landscaping: the boulevard and 30% of the site

Page | 72


SECTION 12A

RESIDENTIAL STUDIO SUITE DISTRICT (R-1St) (9-00)

12A.5.0

MAXIMUM LIMITS

12A.5.1

Coverage of Site:

12A.5.2

(a)

All buildings together, including Private Garages and other Accessory Buildings: 50% of site (36-00)

(b)

Private Garages and all other Accessory Buildings:

14% of the site (36-00)

Building Height: (a)

Principal Buildings:

(b)

Private Garages intended to include a studio suite: 9m (29.53 ft.)

(c)

Private Garages and Other Accessory Buildings: 5m (16.40 ft.)

two stories to a maximum of 10m (32.81 ft.) (20-01)

12A.5.3

Habitable Floor Area for Studio Suite: maximum of 75m2 (807.32 sq. ft.)

12A.5.4

Residential Dwellings per Lot: one principal dwelling unit and one studio suite

12A.6.0

SPECIAL CONDITIONS

12A.6.1

Front Yards: (a)

12A.6.2

Okotoks Land Use Bylaw

The minimum front yard for a principal building, other than for a wall containing a vehicle entrance, may be reduced by 1.5m (4.92 ft.) in this district where a setback plan showing the required setback for each lot in a residential subdivision phase has been provided to the satisfaction of the municipality prior to development of the subdivision. The required setbacks for each lot must vary by a minimum of 0.5 m from the required setback on each abutting lot.

Parking Requirement: (a)

12A.6.3

40% of principal dwelling unit to a

A minimum of five on site parking spaces are required for laneless residential lots in this district. (36-00)

Timing of Development of Studio Suites A Studio Suite can be developed concurrently with the primary dwelling or substantially roughed-in at the time of house construction to the satisfaction of the approving authority. If the intent is to develop the studio suite at some time after construction of the primary dwelling, complete floor plans submitted for the initial building permit shall indicate ultimate development of the studio suite. The plans for the primary dwelling shall contain details of appropriate provisions for a studio suite, including but not limited to fire separations, rough-in utility connections, separate heating system, separate entrance and projected built dimensions or in the case of a studio suite within an accessory building or above a detached garage the provision of all underground utility connections. (36-00)

Page | 73


Okotoks Land Use Bylaw

Page | 74


SECTION 13

RESIDENTIAL ESTATE SINGLE DETACHED DISTRICT (R-1E)

13.1.0

PURPOSE AND INTENT

13.1.1

The purpose and intent of this district is to provide for single detached residential development on large sites.

13.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

13.2.1

Permitted Uses Accessory Buildings Family Day Homes Home Occupation-Minor Public Parks Single-Detached Dwellings Utility Buildings

13.2.2

Minimum Parking Required (none) (none) (14-12) (discretion of development authority) (none) (2 spaces/dwelling) (discretion of development authority) (31-04)

Discretionary Uses Bed and Breakfast Accommodation Group Homes Home Occupations-Major Studio Suites

(1 space/room) (1 space/employee) (discretion of development authority) (1 space/suite in addition to the parking requirement for the single detached dwelling) (9-00)

13.3.0

GENERAL REQUIREMENTS

13.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

13.4.0

MINIMUM REQUIREMENTS

13.4.1

Area of Site: 950m2 (10,266.7 sq. ft.)

13.4.2

Width of Site: 20m (65.60 ft.)

13.4.3

Front Yard: 9.5m (31.17 ft.)

13.4.4

Side Yards: (a)

Okotoks Land Use Bylaw

Principal Buildings: (i)

street side of corner site: 4m (13.12 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: one side yard 3m (9.84 ft.) the other 2.4m (7.87 ft.)

Page | 75


SECTION 13

RESIDENTIAL ESTATE SINGLE DETACHED DISTRICT (R-1E) (b)

(c)

13.4.5

Accessory Buildings containing Studio Suites:

(9-00)

(i)

street side of corner site: 4m (13.12 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: 1.5m (4.92 ft.)

Private Garages and other Accessory Buildings: (i)

street side of corner site: 4m (13.12 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: 2.4m (7.87 ft.)

Rear Yard: (a)

Principal Building: 15m (49.2 ft.)

(b)

Private Garages and other Accessory Buildings: 5m (16.4 ft.)

(c)

Accessory Buildings containing Studio Suites: 1.5m (4.92 ft.)

(9-00)

13.4.6

Landscaping: the boulevard and 40% of the site

13.4.7

Habitable Floor Area per Studio Suite: 30m2 (322.93 sq. ft.) for studio suites (9-00)

13.5.0

MAXIMUM LIMITS

13.5.1

Coverage of Site:

13.5.2

(a)

All Buildings together, including Private Garages and other Accessory Buildings: 40% of the site

(b)

Private Garages and all other Accessory Buildings: 12% of the site

Building Height: Principal Buildings: two stories to a maximum of 10 m (32.81 ft.) (25-08) (a)

Private Garages and other Accessory Buildings: 5m (16.40 ft.)

(b)

Private Garages containing a Studio Suite: 9m (29.53 ft.)

(9-00)

13.5.3

Residential Dwelling Units per Lot: one principal dwelling unit and one studio suite (9-00)

13.5.4

Habitable Floor Area for Studio Suites: maximum of 75m2 (807.32 sq. ft.)

Okotoks Land Use Bylaw

40% of principal dwelling unit to a (9-00)

Page | 76


SECTION 13

RESIDENTIAL ESTATE SINGLE DETACHED DISTRICT (R-1E)

13.6.0

SPECIAL CONDITIONS

13.6.1

Parking Requirements:

Okotoks Land Use Bylaw

(9-00)

(a)

For laneless sites containing a single detached dwelling in this district, a minimum of four on site parking spaces is required. (28-09)

(b)

For laneless sites containing a single detached dwelling and studio suite in this district, a minimum of five on site parking spaces is required.(28-09)

Page | 77


Okotoks Land Use Bylaw

Page | 78


SECTION 13A

RESIDENTIAL SINGLE DETACHED AIR RANCH DISTRICT (R-1AR) (33-99)

13A.1.0

PURPOSE AND INTENT

13A.1.1

The purpose and intent of this district is to provide for single detached residential development on large sites and associated land use activities within the Air Ranch community.

13A.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

13A.2.1

Permitted Uses Accessory Buildings Family Day Homes Home Occupation-Minor Public Parks Private Parks Single-Detached Dwellings Utility Buildings

13A.2.2

Minimum Parking Required (none) (none) (14-12) (discretion of development authority) (none) (none) (4 spaces/dwelling) (discretion of development authority) (31-04)

Discretionary Uses Bed and Breakfast Accommodation Home Occupations-Major Studio Suites

(1 space/room) (discretion of development authority) (1 space/suite in addition to the parking requirement for the single detached dwelling) (9-00)

13A.3.0

GENERAL REQUIREMENTS

13A.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

13A.4.0

MINIMUM REQUIREMENTS

13A.4.1

Area of Site: 950m2 (10,226.0 sq. ft.)

13A.4.2

Width of Site: 20m (65.60 ft.)

13A.4.3

Front Yard: 8m (26.25 ft.)

13A.4.4

Side Yards: (a)

Okotoks Land Use Bylaw

Principal Buildings: (i)

street side of corner site: 4m (13.12 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from (9-00) the property line

(ii)

all other: one side yard 3m (9.84 ft.) the other 2.4m (7.87 ft.)

Page | 79


SECTION 13A

RESIDENTIAL SINGLE DETACHED AIR RANCH DISTRICT (R-1AR) (33-99) (b)

(c)

13A.4.5

Accessory Buildings containing Studio Suites:

(9-00)

(i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: 1.5m (4.92 ft.)

Private Garages and other Accessory Buildings: (i)

street side of corner site: property line

(ii)

all other: 2.4m (7.87 ft.)

6m (19.68 ft.) setback from the

Rear Yard: (a)

Principal Building: 12m (39.37 ft.)

(b)

Private Garages and other Accessory Buildings: 5m (16.4 ft.)

(c)

Accessory Buildings containing Studio Suites: 1.5m (4.92 ft.)

(9-00)

13A.4.6

Landscaping: the boulevard and 40% of the site

13A.4.7

Habitable Floor Area per Dwelling Unit: 30m2 (322.93 sq. ft.) for studio suites (9-00)

13A.5.0

MAXIMUM LIMITS

13A.5.1

Coverage of Site: (a)

All Buildings together, including Private Garages and other Accessory Buildings: 40% of the site

(b)

Private Garages and all other Accessory Buildings: 15% of the site

(a)

Principal Buildings: two stories to a maximum of 10m (32.80 ft.) subject to Section 13A.7.0 (20-01)

(b)

Private Garages and other Accessory Buildings: 7m (23 ft.) subject to Section 13A.7.0 (20-01)

(c)

Private Garages containing a Studio Suite: 9m (29.53 ft.)

Building Height:

(9-00)

13A.5.3

Residential Dwelling Units per Lot: one principal dwelling unit and one studio suite (9-00)

13A.5.4

Habitable Floor Area for Studio Suites: maximum of 75m2 (807.32 sq. ft.)

Okotoks Land Use Bylaw

40% of principal dwelling unit to a (9-00)

Page | 80


SECTION 13A

RESIDENTIAL SINGLE DETACHED AIR RANCH DISTRICT (R-1AR) (33-99)

13A.6.0

HEIGHT LIMITATIONS No point of a development may exceed the height of any of the following surfaces:

13A.7.0

Okotoks Land Use Bylaw

(a)

the take-off/approach surfaces;

(b)

the transitional surfaces; or

(c)

the outer surface.

LAND USE CONDITIONS

(9-00)

(a)

Construction shall conform to the exterior acoustic insulation requirements of the Alberta Building Code, 1997 for those sites that lie within the NEF 25 or greater contours.

(b)

A caveat or similar device shall be registered against all residential lots within the NEF 25 or greater contours notifying the landowner of aircraft noise associated with aerodrome operations.

Page | 81


Okotoks Land Use Bylaw

Page | 82


SECTION 13B

RESIDENTIAL NARROW LOT AIR RANCH DISTRICT (R-NAR) (20-04)

13B.1.0

PURPOSE AND INTENT

13B.1.1

The purpose and intent of this district is to provide for single detached residential development and associated land use activities on sites comparable in size to larger Residential Single Detached District (R-1) lots within the Air Ranch community.

13B.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

13B.2.1

Permitted Uses Accessory Buildings Family Day Homes Home Occupation-Minor Public Parks Private Parks Single-Detached Dwellings

13B.2.2

Minimum Parking Required (none) (none)

(14-12)

(discretion of development authority) (none) (none) (4 spaces/dwelling)

Discretionary Uses Bed and Breakfast Accommodation Home Occupations-Major Studio Suites

(1 space/room) (discretion of development authority) (1 space/suite in addition to the parking requirement for the single detached dwelling)

13B.3.0

GENERAL REQUIREMENTS

13B.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

13B.4.0

MINIMUM REQUIREMENTS

13B.4.1

Area of Site: 650m2 (6,996.8 sq. ft.)

13B.4.2

Width of Site: 13m (42.65 ft.)

13B.4.3

Front Yard: 8m (26.25 ft.)

13B.4.4

Side Yards: (a)

Okotoks Land Use Bylaw

Principal Buildings: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

laneless sites without attached garages: one unobstructed side yard 3m (9.84 ft.) the other 1.5m (4.92 ft.)

(iii)

all other: 1.5m (4.92 ft.)

Page | 83


SECTION 13B

RESIDENTIAL NARROW LOT AIR RANCH DISTRICT (R-NAR) (20-04) (b)

(c)

13B.4.5

Accessory Buildings containing Studio Suites: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: 1.5m (4.92 ft.)

Private Garages and other Accessory Buildings: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other : 610mm (2.00 ft.)

Rear Yard: (a)

Principal Building: 10m (32.81 ft.)

(b)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

(c)

Accessory buildings containing Studio Suites: 1.5m (4.92 ft.)

13B.4.6

Landscaping: the boulevard and 40% of the site

13B.4.7

Habitable Floor Area per Studio Suite: 30m2 (322.93 sq. ft.) for studio suites

13B.5.0

MAXIMUM LIMITS

13B.5.1

Coverage of Site:

13B.5.2

(a)

All Buildings together, including Private Garages and other Accessory Buildings: 40% of the site

(b)

Private Garages and all other Accessory Buildings: 15% of the site

Building Height: (a)

Principal Buildings: two stories to a maximum of 10m (32.81 ft.) subject to Section 13B.6.0 (20-08)

(b)

Private Garages and other Accessory Buildings: 7m (23 ft.) subject to Section 13B.6.0

(c)

Private Garages containing a Studio Suite: 9m (29.53 ft.)

13B.5.3

Residential Dwelling units per Lot: one principal dwelling unit and one studio suite

13B.5.4

Habitable Floor Area for Studio Suites: maximum of 75m2 (807.32 sq. ft.)

Okotoks Land Use Bylaw

40% of principal dwelling unit to a

Page | 84


SECTION 13B

RESIDENTIAL NARROW LOT AIR RANCH DISTRICT (R-NAR) (20-04)

13B.6.0

13B.7.0

Okotoks Land Use Bylaw

HEIGHT LIMITATIONS No point of a development may exceed the height of any of the following surfaces: (a)

the take-off/approach surfaces;

(b)

the transitional surfaces; or

(c)

the outer surface.

LAND USE CONDITIONS (a)

Construction shall conform to the exterior acoustic insulation requirements of the Alberta Building Code, 1997 for those sites that lie within the NEF 25 or greater contours.

(b)

A caveat or similar device shall be registered against all residential lots within the NEF 25 or greater contours notifying the landowner of aircraft noise associated with aerodrome operations.

Page | 85


Okotoks Land Use Bylaw

Page | 86


SECTION 14

RESIDENTIAL LOW DENSITY MULTI-UNIT DISTRICT (R-2)

14.1.0

PURPOSE AND INTENT

14.1.1

The purpose and intent of this district is to provide for low density multi-unit residential development.

14.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

14.2.1

Permitted Uses Accessory Buildings Duplexes Family Day Homes Home Occupation-Minor Public Parks Utility Buildings

14.2.2

Minimum Parking Required (none) (2 spaces/dwelling) (none) (14-12) (discretion of development authority) (none) (discretion of development authority) (31-04)

Discretionary Uses Bed and Breakfast Accommodation Group Homes Home Occupations – Major Studio Suites

(1 space/room) (1 space/employee) (discretion of development authority) (1 space/suite in addition to the parking requirement for the principal dwelling) (28-09)

14.3.0

GENERAL REQUIREMENTS

14.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

14.4.0

MINIMUM REQUIREMENTS

14.4.1

Area of Site:

14.4.2

(a)

Duplexes – Side by Side: 279m2 (3,003.21 sq. ft.) for each dwelling unit

(b)

Duplexes – Up and Down: 464m2 (4,994.62 sq. ft.)

Width of Site: (a)

(b)

Okotoks Land Use Bylaw

Duplexes – Side by Side: (i)

laned sites: 7.5m (24.60 ft.) for each dwelling unit

(ii)

laneless sites: 9m (29.52 ft.) for each dwelling unit

Duplexes – Up and Down: 15m (49.21 ft.)

Page | 87


SECTION 14

RESIDENTIAL LOW DENSITY MULTI-UNIT DISTRICT (R-2)

14.4.3

Front Yard:

14.4.4

(a)

for sites fronting on collector streets: 6m (19.69 ft.)

(b)

all other sites: 5m (16.40 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

Side Yards: (a)

(b)

(c)

14.4.5

14.4.6

14.4.7

Okotoks Land Use Bylaw

Principal Buildings: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

laneless sites without attached garages: one unobstructed side yard 3m (9.84 ft.)

(iii)

all other: 1.5m (4.92 ft.)

Accessory Buildings containing Studio Suites: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other : 1.5m (4.92 ft.)

(28-09)

Private Garages and other Accessory Buildings: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other : 610 mm (2.00 ft.)

Rear Yard: (a)

Principal Building: 8m (26.25 ft.)

(b)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

(c)

Accessory Buildings containing Studio suites: 1.5m (4.92 ft.)

(28-09)

Habitable Floor Area per Dwelling Unit: (a)

Duplexes: 74m2 (796.53 sq. ft.)

(28-09)

(b)

Studio Suites: 30 m2 (322.93 sq. ft.)

(28-09)

Landscaping: the boulevard and 30% of the site

Page | 88


SECTION 14

RESIDENTIAL LOW DENSITY MULTI-UNIT DISTRICT (R-2)

14.5.0

MAXIMUM LIMITS

14.5.1

Coverage of Site:

14.5.2

14.5.3

14.5.4

Okotoks Land Use Bylaw

(a)

All Buildings together including Private Garages and other Accessory Buildings: 45% of the site

(b)

Private Garages and all other Accessory Buildings: 15% of the site

Building Height: (a)

Principal Buildings: two stories to a maximum of 10m (32.81 ft.) (20-01)

(b)

Private Garages and all other Accessory Buildings: 5m (16.40 ft.)

(c)

Private Garages containing a Studio Suite: 9m (29.53 ft.)

(28-09)

Residential Dwellings per Lot: (a)

Duplexes – Side by Side occupying two separate titles: one principal dwelling unit and one studio suite (28-09)

(b)

All other: two

Habitable Floor Area for Studio Suites: 40% of principal dwelling unit to a (28-09) maximum of 75m2 (807.32 sq.ft.)

Page | 89


Okotoks Land Use Bylaw

Page | 90


SECTION 15

RESIDENTIAL MEDIUM DENSITY MULTI-UNIT DISTRICT (R-3)

15.1.0

PURPOSE AND INTENT

15.1.1

The purpose and intent of this district is to provide for medium density multi-unit residential developments.

15.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

15.2.1

Permitted Uses Family Day Homes Home Occupation-Minor Public Parks Utility Buildings

15.2.2

Minimum Parking Required (none) (14-12) (discretion of development authority) (none) (discretion of development authority) (31-04)

Discretionary Uses Accessory Buildings Apartments Attached Houses Bed and Breakfast Accommodation Duplexes - Side by Side in a Dwelling Group Group Homes Home Occupations – Major

(none) (2 spaces/dwelling) (2 spaces/dwelling) (1 space/room) (2 spaces/dwelling) (51-00) (1 space/employee) (discretion of development authority)

15.3.0

GENERAL REQUIREMENTS

15.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

15.4.0

MINIMUM REQUIREMENTS

15.4.1

Front Yard: 6m (19.69 ft.)

15.4.2

Side Yards: (a)

Okotoks Land Use Bylaw

Principal Buildings: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

laneless sites without attached garages: one unobstructed side yard 3m (9.84 ft.)

(iii)

all other: 1.5m (4.92 ft.)

Page | 91


SECTION 15

RESIDENTIAL MEDIUM DENSITY MULTI-UNIT DISTRICT (R-3) (b)

15.4.3

15.4.4

Private Garages and other Accessory Buildings: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: 610 mm (2.00 ft.)

Rear Yard: (a)

Duplexes and attached houses: 8m (26.25 ft.)

(b)

Apartments: 9m (29.53 ft.)

(c)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

Separation Space Between Buildings in a Dwelling Group: (a)

for side elevations: 3m (9.84 ft.) between buildings

(b)

for front and rear elevations: 15m (49.21 ft.) between buildings

(51-00)

(51-00)

15.4.5

Separation Space from Buildings to Internal Roads or Walkways in a Dwelling Group: 3m (9.84 ft.) (51-00)

15.4.6

Habitable floor area per Dwelling Unit: (a)

Duplexes and Attached Houses: 74m2 (796.55 sq. ft.)

(b)

Apartments: 37m2 (398.26 sq. ft.)

15.4.7

Landscaping: the boulevard and 30% of the site

15.5.0

MAXIMUM LIMITS

15.5.1

Coverage of Sites:

15.5.2

Okotoks Land Use Bylaw

(51-00)

(a)

All Buildings together including Private Garages and other Accessory Buildings: 60% of the site

(b)

Private Garages and all other Accessory Buildings: 15% of the site

Density: (a)

Apartments: 75 dwelling units per net ha (30 dwelling units per net ac.)

(b)

The Development Authority may allow the density of development in this district to be increased to a maximum of 55 dwelling units per ha (22 dwelling units per ac.) for duplexes and attached housing and 98 dwelling units per net ha (40 dwelling units per net ac.) for apartments, where underground parking is provided on site and where 66% or more of the required resident parking spaces and associated maneuvering aisles are provided underground. The underground parking must be

Page | 92


SECTION 15

RESIDENTIAL MEDIUM DENSITY MULTI-UNIT DISTRICT (R-3) covered so as to provide useful site area which would not otherwise be available. (51-00) (c)

15.5.3

Okotoks Land Use Bylaw

Notwithstanding the density provision in Subsections 15.5.2 (a), (b), and (c), the maximum dwelling units allowed for the shaded area shown on the map below containing ±1.37 ha (±3.39 ac.) shall be 48 dwelling units. (14-04)

Building Height: (a)

Duplexes and Attached Housing: (32.81ft.)

two stories to a maximum of 10m (25-08)

(b)

Apartments: 4 stories

(c)

Private Garages and other Accessory Buildings: 5m (16.40 ft.)

Page | 93


SECTION 15

RESIDENTIAL MEDIUM DENSITY MULTI-UNIT DISTRICT (R-3)

15.6.0

SPECIAL CONDITIONS

15.6.1

Amenity Spaces:

Okotoks Land Use Bylaw

(a)

For dwelling groups having 10 or more dwelling units, a minimum of 10% of the site shall be provided for a communal amenity space.

(b)

Each duplex and attached housing unit shall be provided with a private outdoor amenity space which is no less than 16m2 (172.23 sq. ft.) in area. (51-00)

(c)

Each apartment unit shall be provided with a private outdoor amenity space which is no less than 4.5m2 (48.43 sq. ft.) in area.

Page | 94


SECTION 15A

RESIDENTIAL MEDIUM DENSITY MULTI-UNIT AIR RANCH DISTRICT (R-3AR) (33-99)

15A.1.0

PURPOSE AND INTENT

15A.1.1

The purpose and intent of this district is to provide for medium density multi-unit residential development and associated land use activities within the Air Ranch community.

15A.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

15A.2.1

Permitted Uses Family Day Homes Home Occupation-Minor Private Parks Public Parks Utility Buildings

15A.2.2

(51-00)

Minimum Parking Required (none) (14-12) (discretion of development authority) (none) (none) (discretion of development authority) (31-04)

Discretionary Uses Accessory Buildings Apartments Attached Houses

(none) (2 spaces/dwelling) (2 spaces/dwelling)

Bed and Breakfast Accommodation Duplexes - Side by Side in a Dwelling Group Home Occupations – Major

(1 space/room) (2 spaces/dwelling)

(51-00)

(discretion of development authority)

15A.3.0

GENERAL REQUIREMENTS

15A.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

15A.4.0

MINIMUM REQUIREMENTS

(51-00)

15A.4.1

Front Yard:

(51-00)

15A.4.2

(a)

Duplexes: 6m (19.69 ft.)

(b)

All other: 8m (26.25 ft.)

Side Yards: (a)

Okotoks Land Use Bylaw

(51-00)

Principal Buildings: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.69 ft.) setback from the property line

(ii)

laneless sites without attached garages: one unobstructed side yard 3m (9.84 ft.) Page | 95


SECTION 15A

RESIDENTIAL MEDIUM DENSITY MULTI-UNIT AIR RANCH DISTRICT (R-3AR) (33-99) (iii) (b)

15A.4.3

15A.4.4

all other: 2.4m (7.87 ft.)

Private Garages and other Accessory Buildings: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.69 ft.) setback from the property line

(ii)

all other: 2.4m (7.87 ft.)

Rear Yard:

(51-00)

(a)

Duplexes and attached houses: 8m (26.25 ft.)

(b)

Apartments: 9m (29.53 ft.)

(c)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

Separation Space Between Buildings in a Dwelling Group: (a)

for side elevations: 3m (9.84 ft.) between buildings

(b)

for front and rear elevations: 15m (49.21 ft.) between buildings

(51-00)

15A.4.5

Separation Space from Buildings to Internal Roads or Walkways in a Dwelling Group: 3m (9.84 ft.) (51-00)

15A.4.6

Habitable floor area per Dwelling Unit:

(51-00)

(a)

Duplexes and Attached Houses: 74m2 (796.55 sq. ft.)

(b)

Apartments: 37m2 (398.26 sq. ft.)

15A.4.7

Landscaping: the boulevard and 30% of the site

15A.5.0

MAXIMUM LIMITS

15A.5.1

Coverage of Sites:

15A.5.2

Okotoks Land Use Bylaw

(51-00)

(a)

All Buildings together including Private Garages and other Accessory Buildings: 60% of the site

(b)

Private Garages and all other Accessory Buildings: 15% of the site

Density: (a)

Duplexes and Attached Housing: dwelling units per net acre)

(b)

Apartments: 75 dwelling units per net ha (30 dwelling units per net acre)

42 dwelling units per net ha (17 (51-00)

Page | 96


SECTION 15A

RESIDENTIAL MEDIUM DENSITY MULTI-UNIT AIR RANCH DISTRICT (R-3AR) (33-99) (c)

15A.5.3

The Development Authority may allow the density of development in this district to be increased to a maximum of 55 dwelling units per net ha (22 dwelling units per net acre) for duplexes and attached housing and 98 dwelling units per net ha (40 dwelling units per net acre) for apartments, where underground parking is provided on site and where 66% or more of the required resident parking spaces and associated maneuvering aisles are provided underground. The underground parking must be covered so as to provide useful site area which otherwise would not be available. (51-00)

Building Height: (a)

Duplexes and Attached Housing: two stories to a maximum of 10m (32.81 ft.) subject to Section 15A.7.0 (25-08)

(b)

Apartments: 4 stories subject to Section 15A.7.0

(c)

Private Garages and other Accessory Buildings: 7m (23 ft.) subject to Section 15A.7.0

15A.6.0

SPECIAL CONDITIONS

15A.6.1

Amenity Spaces:

15A.7.0

(a)

For dwelling groups having 10 or more dwelling units, a minimum of 10% of the site shall be provided for a communal amenity space

(b)

Each duplex and attached housing unit shall be provided with a private outdoor amenity space which is no less than 16m2 (172.23 sq. ft.) in area (51-00)

(c)

Each apartment unit shall be provided with a private outdoor amenity space which is no less than 4.5m2 (48.43 sq. ft.) in area

HEIGHT LIMITATIONS No point of a development may exceed the height of any of the following surfaces:

Okotoks Land Use Bylaw

(a)

the take-off/approach surfaces;

(b)

the transitional surfaces; or

(c)

the outer surface.

Page | 97


SECTION 15A

RESIDENTIAL MEDIUM DENSITY MULTI-UNIT AIR RANCH DISTRICT (R-3AR) (33-99)

15A.8.0

Okotoks Land Use Bylaw

LAND USE CONDITIONS (a)

Construction shall conform to the exterior acoustic insulation requirements of the Alberta Building Code, 1997 for those sites that lie within the NEF 25 or greater contours.

(b)

A caveat or similar device shall be registered against all residential sites within the NEF 25 or greater contours notifying the landowner of aircraft noise associated with aerodrome operations.

Page | 98


SECTION 16

RESIDENTIAL MANUFACTURED HOME DISTRICT (R-MH)

16.1.0

PURPOSE AND INTENT

16.1.1

The purpose and intent of this district is to provide serviced sites for lease or rent for manufactured homes in comprehensively planned communities.

16.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

16.2.1

Permitted Uses Accessory Buildings Family Day Homes Home Occupation-Minor Manufactured Homes Utility Buildings

16.2.2

Minimum Parking Required (none) (none)

(14-12)

(discretion of development authority) (2 spaces/dwelling) (discretion of development authority) (31-04)

Discretionary Uses Bed and Breakfast Accommodation Group Homes Home Occupations – Major Manufactured Home Community Services

(1 space/room) (1 space/employee) (discretion of development authority) 2 (1 space/37 m )

16.3.0

GENERAL REQUIREMENTS

16.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

16.4.0

MINIMUM REQUIREMENTS

16.4.1

Area of Community: 5 ha (12.35 ac.)

16.4.2

Area of Home Sites: (a)

Single Wide: 372m2 (4,004.17 sq. ft.)

(b)

Double Wide: 464m2 (4,994.61 sq. ft.)

16.4.3

Front Yard for Home Sites: 3m (9.84 ft.)

16.4.4

Side Yard for Home Sites: (a)

Okotoks Land Use Bylaw

Principal Buildings: (i)

corner site: 3m (9.84 ft.) both sides

(ii)

all other sites: one side yard 4.5m (14.76 ft.) the other 1.5m (4.92 ft.)

Page | 99


SECTION 16

RESIDENTIAL MANUFACTURED HOME DISTRICT (R-MH) (b)

16.4.5

Private Garages and other Accessory Buildings: (i)

street side of a corner site: 3m (9.84 ft.)

(ii)

all other sites: 1m (3.28 ft.)

Rear Yard for Home Sites: (a)

Principal Buildings: 3m (9.84 ft.)

(b)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

16.4.6

Habitable Floor Area per Dwelling Unit: 55m2 (596.02 sq. ft.)

16.4.7

Landscaping: the boulevard and 30% of the site

16.5.0

MAXIMUM LIMITS

16.5.1

Coverage of Site: (a)

16.5.2

All buildings together, including Private Garages and other Accessory Buildings: 45% of the site

Building Height: (a)

Principal Buildings: 6m (19.69 ft.)

(b)

Private Garages and other Accessory Buildings: 5m (16.40 ft.)

16.6.0

SPECIAL CONDITIONS

16.6.1

Comprehensive Planning:

Okotoks Land Use Bylaw

(a)

All manufactured homes shall be located on home sites within the community as shown on a plan approved by the Development Authority. The boundaries of each home site shall be clearly defined on the ground by permanent flush stakes, markers, or other means, and shall be permanently marked with a site number or other address system.

(b)

Prior to the placement of manufactured homes in the community, the registered land owner shall establish guidelines and standards satisfactory to the Development Authority governing the design and materials of carports, patios, porches, storage buildings, skirting, fences, and other attached or detached structures.

(c)

Outdoor lighting in the community shall be integrated in design and appearance and conform with the requirements and specification of the municipality.

(d)

A comprehensive pedestrian circulation system connected to the public sidewalk system shall be required with all Manufactured Home Communities.

Page | 100


SECTION 16

16.6.2

16.6.3

RESIDENTIAL MANUFACTURED HOME DISTRICT (R-MH) (e)

Each home site shall be provided with a horizontal, stable parking apron suitable for blocking and leveling and a parking area of sufficient size to accommodate two vehicles.

(f)

Each home site shall be directly connected to the sewer, water, gas, electricity and cable TV utility lines commonly provided to the community.

Landscaping and Buffering: (a)

All areas of a community not developed or occupied by community roads, walkways, driveways, parking aprons, buildings, or other developed facilities including playgrounds, shall be landscaped by the developer and maintained by the registered land owner.

(b)

In addition to setbacks required by this district, a manufactured home community shall provide a perimeter buffer of not less than 3m (9.84 ft.) in width or other edge treatment satisfactory to the Development Authority, except where the community perimeter lies directly adjacent to a municipal street and where access to home sites is gained from that street.

Amenity Spaces: (a)

16.6.4

Okotoks Land Use Bylaw

A minimum of 10% of the site shall be provided for a communal amenity space.

Community Offices and Related Facilities for the Use of Community Tenants: (a)

The location and design of all community offices and related facilities are subject to the approval of the Development Authority.

(b)

All community buildings must be accessible by a community street.

(c)

A screened storage compound equivalent to 1 parking stall per unit shall be provided for trucks, campers, recreation vehicles, snowmobiles and boats at a location and in a manner satisfactory to the Development Authority.

Page | 101


Okotoks Land Use Bylaw

Page | 102


SECTION 17

RESIDENTIAL MIXED DWELLING DISTRICT (R-MD)

17.1.0

PURPOSE AND INTENT

17.1.1

The purpose and intent of this district is to provide for a wide range of residential development that is compatible with existing Central Business District development and takes into consideration the possible future expansion of the Central Business District. A limited range of commercial uses may be considered.

17.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

17.2.1

Permitted Uses Family Day Homes Home Occupation-Minor Public Parks Utility Buildings

17.2.2

Minimum Parking Required (none) (14-12) (discretion of development authority) (none) (discretion of development authority) (31-04)

Discretionary Uses Accessory Buildings Apartments Attached Houses Bed and Breakfast Accommodation Child Care Facilities

Community Buildings and Facilities Convenience Stores Duplexes Existing Uses and Buildings Group Homes Home Occupations – Major Lodging Houses Public and Quasi-Public Buildings, Facilities and Installations Religious Institutions Senior Citizen’s Homes Single Detached Dwellings Studio Suites

(none) (1.5 spaces/dwelling) (1.5 spaces/dwelling) (1 space/room) (1 space/employee + 1 space/10 children + 1 space/vehicle used to transport children) (14-12) (discretion of development authority) 2 (1 space/37m ) (2 spaces/dwelling) (discretion of development authority) (1 space/employee) (discretion of development authority) (1 space/ unit) (discretion of development authority) (1 space/5 seats) (1 space/4 units) (2 spaces/dwelling) (1 space/suite in addition to the parking requirement for the principal dwelling) (27-09)

17.3.0

GENERAL REQUIREMENTS

17.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

17.4.0

MINIMUM REQUIREMENTS

17.4.1

Area of Site: (a)

Okotoks Land Use Bylaw

Single Detached Dwellings and Duplexes-Up and Down: (4,994.45 ft.)

464m2

Page | 103


SECTION 17

17.4.2

17.4.3

RESIDENTIAL MIXED DWELLING DISTRICT (R-MD) (b)

Duplexes-Side by Side and Attached Housing: 279m2 (3,003.21 sq. ft.) for each dwelling unit

(c)

Apartments: 900m2 (9,688 sq. ft.)

(d)

All other: At the discretion of the Development Authority

Width of Site: (a)

Single Detached Dwellings and Duplexes – Up and Down: 15m (49.21 ft.)

(b)

Duplexes – Side by Side: 7.5m (24.60 ft.) for each dwelling unit

(c)

Attached Housing: 6m (19.68 ft.)

(d)

Apartments: 30m (98.42 ft.)

(e)

All other: At the discretion of the Development Authority

Front Yard: (a)

17.4.4

Side Yard: (a)

(b)

(c)

Okotoks Land Use Bylaw

3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

Principal Buildings: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

laneless sites without attached garages: one unobstructed side yard 3m (9.84 ft.)

(iii)

all other: 1.5m (4.92 ft.)

Accessory Buildings containing Studio Suites: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: 1.5m (4.92 ft.)

(27-09)

Private Garages and other Accessory Buildings: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: 610 mm (2.00 ft.)

Page | 104


SECTION 17

RESIDENTIAL MIXED DWELLING DISTRICT (R-MD)

17.4.5

Rear Yard: (a)

Principal Building: 6m (19.69 ft.)

(b)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

(c)

Accessory Buildings containing Studio Suites: 1.5m (4.92 ft.)

17.4.6

Habitable Floor Area for Studio Suites: 30m2 (322.93 sq. ft.)

17.4.7

Landscaping: the boulevard and 7% of the site

17.5.0

MAXIMUM LIMITS

17.5.1

Building Height:

17.5.2

Okotoks Land Use Bylaw

(27-09) (27-09)

(a)

All Principal Buildings except Apartments: two stories to a maximum of 10m (32.81 ft.) (25-08)

(b)

Apartments: 4 stories

(c)

Private Garages and other Accessory Buildings: 5m (16.40 ft.)

(d)

Private Garages containing a Studio Suite: 9m (29.53 ft.)

Habitable Floor Area for Studio Suites: maximum of 75m2 (807.32 sq. ft.)

(27-09)

40% of principal dwelling unit to a (27-09)

Page | 105


Okotoks Land Use Bylaw

Page | 106


SECTION 18

HERITAGE MIXED USE DISTRICT (HMU)

18.1.0

PURPOSE AND INTENT

18.1.1

The purpose and intent of this district is to provide for the continuation of residential development and allow for certain specialized commercial uses to develop in the form of unique shops, boutiques, professional offices and tourist attractions. The preservation of the historic and unique aesthetic character of the district will be encouraged.

18.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

18.2.1

Permitted Uses

Minimum Parking Required (none) (14-12)

Family Day Homes Home Occupations – Minor Public Parks Single Detached Dwellings Utility Buildings 18.2.2

(discretion of development authority) (none) (2 spaces/dwelling) (discretion of development authority) (31-04)

Discretionary Uses Accessory Buildings and Uses Bed and Breakfast Accommodation Community Buildings and Facilities Dwelling Accommodations Eating Establishments Existing Uses and Buildings Home Occupations – Major Household Service Shops Lodging Houses Medical Clinics Offices Public and Quasi-Public Facilities and Installations Religious Institutions Retail Stores Studio Suites

Buildings,

(none) (1 space/room) (discretion of development authority) (2 spaces/dwelling) 2 (2 space/37 m ) (discretion of development authority) (discretion of development authority) 2 (1 space/37 m ) (1 space/unit) 2 (1 space/37 m ) (26-03) 2 (1 space/37 m ) (discretion of development authority) (1 space/5 seats) 2 (1 space/37 m ) (1 space/suite in addition to the parking requirement for the single detached dwelling) (2-08)

18.3.0

GENERAL REQUIREMENTS

18.3.1

In addition to the general land use provisions contained in Section 9.0.0, the following provisions as contained within this Section shall apply to every development in this district.

18.4.0

MINIMUM REQUIREMENTS

18.4.1

Area of Site: 464m2 (4,994 sq. ft.)

18.4.2

Width of Site: 15m (49.21 ft.)

Okotoks Land Use Bylaw

Page | 107


SECTION 18

HERITAGE MIXED USE DISTRICT (HMU)

18.4.3

Front Yard:

18.4.4

(a)

corner sites: 5m (16.40 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(b)

all other sites: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

Side Yards: (a)

(b)

(c)

(d)

18.4.5

Okotoks Land Use Bylaw

Principal Buildings: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

laneless sites and non residential uses: one unobstructed side yard 3m (9.84 ft.) the other 1.5m (4.92 ft.)

(iii)

all other: 1.5m (4.92 ft.)

Accessory Buildings containing Studio Suites:

(2-08)

(i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: 1.5m (4.92 ft.)

Private Garages and other Accessory Buildings: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 6m (19.68 ft.) setback from the property line

(ii)

all other: 610 mm (2 ft.)

Notwithstanding Section 18.4.4 (a) (ii) a minimum of 1.5m (4.92 ft.) side yard may be permitted for principal buildings provided that: (i)

the owner(s) of the adjoining site(s) grant(s) an easement of sufficient width to provide for maintenance, access, and service use, which covenant agreement registered against the title of the property affected;

(ii)

the separation between principal buildings, excluding eaves, footings and foundations shall be a minimum of 3m (9.84 ft.).

Rear Yard: (a)

Principal Building: 7.5m (24.60 ft.)

(b)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

(c)

Accessory Buildings containing Studio Suites: 1.5m (4.92 ft)

(2-08) Page | 108


SECTION 18

HERITAGE MIXED USE DISTRICT (HMU)

18.4.6

Landscaping: the boulevard and 30% of the site

18.4.7

Habitable Floor Area per Dwelling Unit: 30 m2 (322.93 sq. ft) for studio suites (2-08)

18.5.0

MAXIMUM LIMITS

18.5.1

Coverage of Site:

18.5.2

18.5.3

(a)

All buildings together, including Private Garages and other Accessory Buildings: 40% of the Site

(b)

Private Garages and other Accessory Buildings: 12% of the Site

Building Height: (a)

Principal Buildings: two stories to a maximum of 10m (32.81 ft.) (25-08)

(b)

Private Garages and other Accessory Buildings: 5m (16.40 ft.)

(c)

Private Garages containing a Studio Suite: 9m (29.53 ft.)

(2-08)

Width of Site: 23m (75.45 ft.) excepting the following: (a)

Lot 22; Block E; Plan 4563I;

(b)

Lot 1; Block C; Plan 7711465;

(c)

Lot 2; Block C; Plan 7711465;

(d)

Lots 13-17 inclusive; Block B; Plan 165S;

(e)

Lots 22-24 inclusive; Block B; Plan 165S; and

(f)

Lots 28-30 inclusive; Block B; Plan 165S.

18.5.4

Gross Floor Area for Offices, Medical Clinics, Retail Stores, Eating Establishments and Household Service Shops: 148m2 (1,593 sq.ft.) (26-03)

18.5.5

Habitable Floor Area for Studio Suites: 40% of principal dwelling unit to a maximum of 75 m2 (807.32 sq. ft.). (2-08)

18.5.6

Parking Requirement: For laneless sites containing a single detached dwelling and studio suite in this district, a minimum of five on site parking spaces is required. (2-08)

18.6.0

SPECIAL CONDITIONS

18.6.1

Parking Requirements: Parking stalls shall not be permitted in the front yard of any non-residential uses except for on an existing driveway on the site.

Okotoks Land Use Bylaw

Page | 109


SECTION 18

HERITAGE MIXED USE DISTRICT (HMU)

18.6.2

Dwelling Accommodations: Dwelling Accommodation in conjunction with a commercial use shall have separate and direct access to the outside street level.

18.6.3

Outdoor Activity: Outdoor business activity shall not be permitted unless it can be demonstrated to the Development Authority that such activity would not have a negative impact on residential uses in the area.

18.7.0

ARCHITECTURAL GUIDELINES

18.7.1

Purpose: The purpose of this Section is to provide design guidelines for architects, planners, developers, businessmen, and residents when planning and developing new buildings or renovating existing buildings in the district.

18.7.2

Implementation: The Development Authority shall assess all development proposals within this district in accordance with these Architectural Guidelines.

18.7.3

Background: Elma and McRae Streets are unique to the Town in that they reflect Okotoks’ past. The tree lined streets, the valley setting, the older residences, churches and parks all contribute to these streets unique and relatively intact expression of the identity of early Okotoks. To date this legacy has been preserved by residents notwithstanding these streets location adjacent to the downtown and busy roads. The Okotoks Municipal Development Plan and Land Use Bylaw have policies and regulations which reflect the intent of the Town to encourage continuation of residential uses and at the same time allow for certain specialized commercial use to develop near the downtown. The preservation of the historical and unique aesthetic character of these streets is strongly encouraged. These planning documents promote a limited range of small scale commercial developments mixed with residential development with the goal of protecting and enhancing the unique aesthetic character of historic Okotoks. The guidelines in most cases are illustrative rather than prescriptive. It is not the intent of these guidelines to restrict design flexibility but rather to encourage compatibility and harmony with the existing streetscape.

18.7.4

Design Guidelines: (a)

Street Character: New buildings should be compatible with the general streetscape in regard to: • building height; • building form;

Okotoks Land Use Bylaw

Page | 110


SECTION 18

HERITAGE MIXED USE DISTRICT (HMU) • roof shape; • architectural styles and building scale; and • setbacks. (b)

Corner Lots: • New corner lot developments should respond to and enhance the streetscape of both the front and the side street without adversely affecting the adjoining properties. The design should incorporate windows, projections or other interesting architectural elements on both frontages.

(c)

Setbacks: • Front setbacks of new development should approximate the established pattern of neighboring properties. • Front-drive garages or driveways used to park vehicles should be avoided, where possible, so as to protect the pedestrian environment and to maintain the continuity of sidewalks. • Where a new development protrudes into the rear yards beyond the existing adjacent structures, privacy and access to sunlight and views should be considered. Windows, and above grade balconies should be carefully placed and oriented to face away from neighboring residential yards to ensure privacy. • The use of vegetation and rear yard fence enclosures is encouraged to increase the visual separation between buildings, and enhance the streetscape.

(d)

Rooflines: • Roof proportions of a new development should relate in character and shape to adjacent buildings. • Details that characterize the roof should reflect the slope, roofline, existing materials, soffit, overhang depth and decorative elements common to the character buildings in the area. • Incorporation of character elements like dormers, brackets and secondary roofs over bay windows, porches, etc. is encouraged. • Corner lots should design the roof to acknowledge the streets on both sides.

(e)

Windows: • Window arrangements and form should complement buildings in the area. • Window shapes should generally be vertical and rectangular, or they should have a rationale for not being so, in order to fit in with the traditional character of historic Okotoks. • To ensure privacy of adjacent buildings, windows should be carefully positioned and oriented away from neighboring yards and windows.

Okotoks Land Use Bylaw

Page | 111


SECTION 18

HERITAGE MIXED USE DISTRICT (HMU) (f)

Entrances: • Principal entry should be visible from the street. The entry may have a wide set of stairs leading to it, and an elaborate front door may include a transom or side lights. Furthermore, the entry may be sheltered by a full porch or have its own portico shelter overhead. • Stairs to the principal entry should be wide and interesting from the street. Common wooden stairs are preferred and may include planters or walkway lighting. • Entry porches and verandahs are encouraged.

(g)

Architectural Detailing: • Detailing of new buildings in keeping with the style of character buildings in the area is encouraged. The architectural components need not be duplicated exactly to reflect the historical styles. They can be simplified to reflect the context of the community. • Column supported porches, wide trims, brackets and ornamental windows are encouraged. • New development should employ colors, materials and finishes that are visually compatible and could aid in harmonizing with the streetscape. However, designers are not limited to only duplicating the traditional form but rather referenced by it.

(h)

Landscaping: • Mature trees should be retained. It is important that the proposed development should retain the healthy mature trees. Any mature trees that must be removed from the front yard to allow for development should be replaced in order to maintain the visual quality of the streetscape. • Extensive use of rocks and gravel is not characteristic in older areas. Hence, it is recommended that soft landscaping be provided adjacent to the public sidewalk. • Flowering trees and shrubs are encouraged to give an element of color to the landscape.

(i)

Parking: • Parking is discouraged in the front yard for residential uses. • Driveways from a street to the rear yard for access to parking may be acceptable for non-residential uses in extenuating circumstances if the driveway is no wider than 2.4m (8 ft.) and landscaping is utilized to minimize the visual impact of the driveway. Driveways shared by two commercial uses is encouraged. • Parking lot should be designed to be dust free and not negatively impact the Town’s municipal storm sewage system. Surfaces such as brick and concrete are encouraged as alternatives to asphalt pavement. • Driveways should be designed to create a country driveway appearance by combining hard surfacing with soft landscaping in the center of the driveway.

Okotoks Land Use Bylaw

Page | 112


SECTION 18

HERITAGE MIXED USE DISTRICT (HMU) (j)

Signage: • Signage design, including identification, directional and home occupation signs, should be sensitive to the architecture of the building on the site, adjacent buildings, and uses and the function of Elma/McRae St. as a residential and commercial mixed use area. Preferred materials for sign construction include wood and wrought iron. • Neon and fluorescent light signs and plastic signs are prohibited.

(k)

Lighting: • Pedestrian scale lighting is encouraged. Lighting for signage, parking areas and pedestrian areas should be carefully placed and oriented to shine away from neighborhood residential yards. • Flood lights for buildings and landscaping are discouraged.

(l)

Existing Buildings: • Every reasonable effort should be made to provide a compatible use for existing buildings which requires minimal alteration of the building, structure or site and its environment; • The distinguishing original qualities or character of a building, structure or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided wherever possible; • All buildings, structures and sites should be recognized as products of their own time; • Treat with sensitivity distinctive stylistic features or examples of skilled craftsmanship which characterizes a building, structure or site; • Repair rather than replace, wherever possible, deteriorated architectural features. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities; • Alterations and additions to existing properties are encouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment; • Caution should be taken when making new additions and alterations to historical structures so that if they are to be removed in the future, the essential form and integrity of the structure is unimpaired.

Okotoks Land Use Bylaw

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Okotoks Land Use Bylaw

Page | 114


SECTION 18A

RESIDENTIAL MIXED USE DETACHED DISTRICT (R-MU)

18A.1.0

PURPOSE AND INTENT

18A.1.1

The purpose and intent of this district is to provide for laned, low density mixed use development, fronting on collector roads, in the form of live/work detached dwellings. This district provides an option for certain specialized commercial uses to develop that are accessory to the principal dwelling. It is the intent of the district to facilitate development of live/work units that are largely indistinguishable from single detached dwellings in adjacent residential districts and may contain small commercial shops, boutiques, professional offices and home occupations.

18A.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

18A.2.1

Permitted Uses Home Occupation – Minor Live/Work Detached Dwellings Public Parks Utility Buildings

18A.2.2

Minimum Parking Required (discretion of development authority) (2 parking spaces/dwelling) (none) (discretion of development authority) (31-04)

Discretionary Uses Accessory Buildings Accessory Commercial Establishments Bed and Breakfast Accommodation Child Care Facilities Home Occupations – Major Studio Suites

(none) 2 (1 space/74m ) (1 space/room) (1 space/employee) (discretion of development authority) (1 space/studio suite in addition to the parking requirement for a live/work detached dwelling)

18A.3.0

GENERAL REQUIREMENTS

18A.3.1

In addition to the general land use provisions contained in Section 9.0.0, the following provisions as contained within this Section shall apply to every development in this district.

18A.4.0

MINIMUM REQUIREMENTS

18A.4.1

Area of Site: 390m2 (4,198.06 sq. ft.)

18A.4.2

Width of Site: 12m (39.37 ft.)

18A.4.3

Front Yard: 6m (19.69 ft.)

18A.4.4

Side Yard: (a)

Okotoks Land Use Bylaw

Principal Buildings: (i)

street side of corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 5m (16.40 ft.) setback from the property line

(ii)

all other 1.2m (3.84 ft.) Page | 115


SECTION 18A

RESIDENTIAL MIXED USE DETACHED DISTRICT (R-MU) (b)

(c)

18A.4.5

18A.4.6

Accessory Buildings containing Studio Suites or a Commercial Establishment: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 5m (16.40 ft.) setback from the property line

(ii)

all other: 1.5m (4.92 ft.)

Private Garages and other Accessory Buildings: (i)

street side of a corner site: 3m (9.84 ft.) except for a wall with a vehicle entrance which shall have a 5m (16.40 ft.) setback from the property line

(ii)

all other: 610mm (2.00 ft.)

Rear Yard: (a)

Principal Buildings: 7.5m (24.60 ft.)

(b)

Private Garages and other Accessory Buildings: 1m (3.28 ft.)

(c)

Accessory Buildings containing Studio Suites: 1.5m (4.92 ft.)

(d)

Accessory Buildings containing a Commercial Use: 1m (3.28 ft.)

Habitable Floor Area per Dwelling Unit: (a)

93m2 (1,001.08 sq. ft.) per unit of a single story dwelling unit which includes a bungalow or bi-level

(b)

107m2 (1,151.89 sq. ft.) per unit being the combined area of two levels of a split-level unit, or the combined area of two levels of a two-story unit

(c)

30m2 (322.93 sq. ft.) for Studio Suites

18A.4.7

Landscaping: the boulevard and 30% of the site

18A.5.0

MAXIMUM LIMITS

18A.5.1

Coverage of Site:

Okotoks Land Use Bylaw

(a)

All buildings together, including Private Garages, detached Studio Suite dwellings, and other Accessory Buildings (including Accessory Buildings containing a Commercial use): 50% of the site

(b)

Private Garages and all Accessory Buildings: 19% of the site

Page | 116


SECTION 18A

RESIDENTIAL MIXED USE DETACHED DISTRICT (R-MU)

18A.5.2

Building Height: (a)

Principal Buildings: two stories to a maximum of 10m (32.81 ft.) (25-08)

(b)

Private Garages and other Accessory Buildings: 5m (16.40 ft.)

(c)

Accessory Buildings containing a Commercial use: 5m (16.40 ft.)

(d)

Private Garages containing a Studio Suite: 9m (29.53 ft.)

(e)

Private Garages containing a Commercial use: 9m (29.53 ft.)

18A.5.3

Residential Dwellings per Lot: one principal dwelling unit and one Studio Suite

18A.5.4

Habitable Floor Area for Studio Suite: maximum of 75m2 (807.32 sq. ft.)

18A.5.5

Floor Area for Accessory Commercial Use: 40% of principal dwelling unit to a maximum of 75m2 (807.32 sq. ft.)

18A.6.0

SPECIAL CONDITIONS

18A.6.1

Requirement for Development Permits:

40% of principal dwelling unit to a

Development permits are required for all dwellings in this district. An application for a development permit must include a plan indicating how an Accessory Commercial Establishment can be accommodated on the site to the satisfaction of the development approving authority. Such a plan is required whether the commercial establishment is intended to be developed at the time the principal dwelling unit is constructed or at some future date. If an Accessory Commercial Establishment is not developed at the time the principal dwelling unit is built, a separate Development Permit application is required at the time a commercial use is proposed. 18A.6.2

Front Yards: The minimum front yard for the principal building may be reduced by up to 1.5m (4.92 ft.) in this district where a setback plan showing the required setback for each lot in a subdivision phase has been provided to the satisfaction of the approving authority prior to development of the subdivision. The required setbacks for each lot should vary by a minimum of 0.5m (1.6 ft.) from the required setback on each abutting lot.

18A.6.3

Requirement for Lanes: All lots designated within this district shall be serviced by lanes.

18A.6.4

Parking Requirements: On-site parking for the principal dwelling shall be located in the rear of the lot and access to parking shall be from rear lanes only in this district.

Okotoks Land Use Bylaw

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Okotoks Land Use Bylaw

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SECTION 19

CENTRAL BUSINESS COMMERCIAL DISTRICT (C-CB)

19.1.0

PURPOSE AND INTENT

19.1.1

The purpose and intent of this district is to provide for a wide range of commercial uses in the downtown area of Okotoks, encourage a high quality, aesthetically pleasing pedestrian environment and encourage a high architectural design standard for buildings.

19.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

19.2.1

Permitted Uses Business Support Services Commercial Schools Drinking Establishments Eating Establishments Entertainment Establishments Financial Institutions Medical Clinics Offices Private Clubs Public Parking Lots Public Parks Household Service Shops Recreation Facilities – Private Retail Stores Utility Buildings

19.2.2

Minimum Parking Required 2

(1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m +5 stacking spaces/drive through window) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) (none) (none) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) (discretion of development authority) (31-04)

Discretionary Uses Accessory Uses Amusement Arcades Bingo Establishments Bowling Alleys Child Care Facilities Community Buildings and Facilities Dwelling Accommodations Existing Buildings and Uses Home Occupations Hotels Pet Care Service Public and Quasi-Public Buildings, Facilities and Installations Schools Theaters Veterinarian Clinics – Small Animal

(discretion of development authority) 2 (1 space/37 m ) (1 space/5 seats) 2 (5 spaces/ alley+1 space/37 m for associated spectator and eating areas) (1 space/employee + 1 space/10 children + 1 space/vehicle used to transport children) (14-12) (discretion of development authority) (2 spaces/dwelling) (discretion of development authority) (discretion of development authority) (1 space/room+1 space/employee) 2 (1 space/37 m ) (27-10) (discretion of development authority) (2 spaces/class-elem., 4 spaces/classmiddle, 8 spaces/class-high) 1 space/5 seats 2 (1 space/37 m )

19.3.0

GENERAL REQUIREMENTS

19.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

Okotoks Land Use Bylaw

Page | 119


SECTION 19

CENTRAL BUSINESS COMMERCIAL DISTRICT (C-CB)

19.4.0

MINIMUM REQUIREMENTS

19.4.1

Front yard: 3m (9.84 ft.)

19.4.2

Rear Yard: 6m (19.69 ft.)

19.4.3

Side Yards: (a)

side adjacent to a residential district: 3m (9.84 ft.)

(b)

all other: none unless required pursuant to provincial regulation

19.4.4

Landscaping: at the discretion of the development authority

19.5.0

MAXIMUM LIMITS

19.5.1

Building Height: 4 stories

19.6.0

SPECIAL CONDITIONS

19.6.1

Dwelling Accommodations: Dwelling Accommodations shall:

19.6.2

(a)

be limited to the second story or above;

(b)

not be located below or on the same floor as a non-residential use; and

(c)

have an entrance to grade that is separate from the entrance to any nonresidential component of the building.

Special Setbacks:

(37-00)

The front, rear and side yard setback requirements for those lands described as a portion of Block A, Block B and a portion of Block C, Plan 4264L and Railway Right of Way Plan No. 842 0463 (CPR Surplus lands) (Registered as Lot 1, Block 1, Plan 001 2315) are at the discretion of the Development Authority.

Okotoks Land Use Bylaw

Page | 120


SECTION 20

HIGHWAY COMMERCIAL DISTRICT (C-HWY)

20.1.0

PURPOSE AND INTENT

20.1.1

The purpose and intent of this district is to provide for a limited range of commercial uses located adjacent to arterial roadways carrying large volumes of traffic.

20.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

20.2.1

Permitted Uses Automobile Dealerships Automotive Repair and Service Shops Car Washing Establishments Convenience Stores Drinking Establishments Drive-In Food Services Eating Establishments Gas Bars Hotels Motels Service Stations Utility Buildings

20.2.2

2

(1 space/46 m +3 spaces/service bay+1 2 space/2000m of display area) 2 (1 space/46 m +3 spaces/service bay) 2

(1 space/46 m +3 stacking spaces/entrance) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/46m +5 stacking spaces and 2 parking spaces/drive through window) 2 (1 space/17 m ) 2 (1 space/46 m +3 stacking spaces/pump) (1 space/room+1 space/employee) (1 space/room+1 space/employee) 2 (1 space/46 m +3 spaces/service bay+3 stacking spaces/pump) (discretion of development authority) (31-04)

Discretionary Uses Accessory Uses Agricultural Related Businesses Bingo Establishments Building Supply Centers Child Care Facilities Existing Liquor Store Financial Institutions Funeral Homes Garden Centers Household Service Shops Medical Clinics Offices Pet Care Service Recreation Facilities – Private Religious Institutions Retail Stores Retail Stores – Warehouse Vehicle Rental Facilities Veterinarian Clinics – Small Animal

Okotoks Land Use Bylaw

Minimum Parking Required

(discretion of development authority) 2 (1 space/46 m +3 spaces/service bay+1 2 space/2000m of display area) (1 space/5 seats) 2 2 (1 space/17 m +1 space/2000m of storage area) 2 (1 space/17 m ) (14-12) 2 (1 space/17 m ) 2 (1 space/17 m +3 stacking spaces/drive through window) (1 space/5 seats) 2 (1 space/17 m ) 2 (1 space/17 m ) (32-02) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) (27-10) 2 (1 space/17 m ) (1 space/5 seats) (12-10) 2 (1 space/17 m ) (32-02) 2 (1 space/17 m ) 2 (1 space/rental vehicle+1 space/46 m ) (29-07) 2 (1 space/17 m )

Page | 121


SECTION 20

HIGHWAY COMMERCIAL DISTRICT (C-HWY)

20.3.0

GENERAL REQUIREMENTS

20.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

20.4.0

MINIMUM REQUIREMENTS

20.4.1

Area of Site: 0.2 ha (0.50 ac.)

20.4.2

Width of Site: 30m (98.43 ft.)

20.4.3

Front Yard: 6m (19.69 ft.)

20.4.4

Side Yards: (a)

side adjacent to a residential district: 6m (19.69 ft.)

(b)

street side of a corner site: 6m (19.69 ft.)

(c)

laneless sites: one unobstructed 6m (19.69 ft.) side yard

(d)

all other: none unless required pursuant to provincial regulation.

20.4.5

Rear Yard: 6m (19.69 ft.)

20.4.6

Landscaping: the boulevard and 10% of the site

20.5.0

MAXIMUM LIMITS

20.5.1

Building Height: 11m (36.09 ft.)

Okotoks Land Use Bylaw

Page | 122


SECTION 21

SHOPPING CENTER COMMERCIAL DISTRICT (C-SC)

21.1.0

PURPOSE AND INTENT

21.1.1

The purpose and intent of this district is to provide for a broad range of commercial uses in a comprehensively planned shopping center development, encourage a high quality, aesthetically pleasing pedestrian environment and encourage a high architectural design standard for buildings.

21.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

21.2.1

Permitted Uses Business Support Services Convenience Stores Drinking Establishments Drive-In Food Services Eating Establishments Financial Institutions Garden Centers Household Service Shops Medical Clinics Offices Retail Stores Retail Stores – Warehouse Veterinarian Clinics – Small Animal Utility Buildings

21.2.2

Minimum Parking Required 2

(1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space 46m +5 stacking spaces and 2 parking spaces/drive through window) 2 (1 space/17 m ) 2 (1 space/17 m +5 stacking spaces/drive through window) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) (discretion of development authority) (31-04)

Discretionary Uses Accessory Uses Bowling Alleys Child Care Facilities Commercial Schools Entertainment Establishment Gas Bars Pet Care Service Recreation Facilities – Private Religious Institutions Theaters

(discretion of development authority) 2 (5 spaces/ alley+1 space/17 m for associated spectator and eating areas) 2 (1 space/17 m ) (19-03) 2 (1 space/17 m ) (19-03) 2 (1 space/17 m ) 2 (1 space/46 m +3 stacking space/pump) 2 (1 space/17 m ) (27-10) 2 (1 space/17 m ) (1 space/5 seats) (12-10) (1 space/5 seats)

21.3.0

GENERAL REQUIREMENTS

21.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

Okotoks Land Use Bylaw

Page | 123


SECTION 21

SHOPPING CENTER COMMERCIAL DISTRICT (C-SC)

21.4.0

MINIMUM REQUIREMENTS

21.4.1

Setbacks from Public Roads:

21.4.2

(a)

roads: 6m (19.69 ft.)

(b)

highways: to be determined by the Development Authority in consultation with Alberta Transportation

(c)

lanes: 3m (9.84 ft.)

Setbacks from abutting sites: (a)

residential sites: 6m (19.69 ft.)

(b)

other sites designated Shopping Center District: none unless required pursuant to provincial regulation

(c)

all other: 3m (9.84 ft.)

21.4.3

Separation Space from Internal Roads: 1.5m (4.92 ft.)

21.4.4

Landscaping: the boulevard and 7% of the site

21.5.0

MAXIMUM LIMITS

21.5.1

Area of Shopping Center: 4.75 ha (10.02 ac.)

21.5.2

Building Height: 11m (36.08 ft.)

21.6.0

SPECIAL CONDITIONS

21.6.1

Loading and Unloading Spaces: (a)

21.6.2

Access: (a)

21.6.3

All outside loading and unloading areas shall be located at the rear of the building, be visually screened, and be designed as an integral part of the shopping center structure.

The location of access/egress points to the parking area of the shopping center shall be established at an adequate distance from an intersection to ensure sufficient stacking distance for vehicles entering or leaving the shopping center site.

Subdivision of Building Sites: (a)

A building site(s) in a shopping center development may be subdivided from a shopping center site to a minimum site area of 0.195 ha (0.48 ac.) if a comprehensive Concept Plan is prepared to the satisfaction of the Development Authority. The Concept Plan shall: (i)

Okotoks Land Use Bylaw

include all lands which are contiguous and classified Commercial Shopping Center District; Page | 124


SECTION 21

SHOPPING CENTER COMMERCIAL DISTRICT (C-SC)

(b)

Okotoks Land Use Bylaw

(ii)

address building design compatibilities, site layout including setbacks, landscaping, parking, access, continuity of pedestrian and vehicular circulation, signage and fencing; and

(iii)

be used to evaluate future development in the shopping center.

Adjoining sites shall be integrated by direct on-site access connections to facilitate the convenient, efficient and free flowing traffic movement between sites where, in the opinion of the Development Authority, such integration is desirable due to the existing or potential type of adjacent development and where such access is not prohibited due to such factors as grade, site configurations and the location of existing development, including utility services.

Page | 125


Okotoks Land Use Bylaw

Page | 126


SECTION 21A

GATEWAY COMMERCIAL DISTRICT (C-GATE)

21A.1.0

PURPOSE AND INTENT

21A.1.1

The purpose and intent of this district is to provide for a broad range of high intensity land uses at the main approaches to the community in a comprehensively planned regional commercial center. Development within this district will create a high quality and aesthetically pleasing environment conducive to both vehicle and pedestrian movement, and encourage very high architectural design and signage standards due to the visibility of the location.

21A.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

21A.2.1

Permitted Uses

(5-01)

Business Support Services Convenience Stores Drinking Establishments Drive-In Food Services Eating Establishments Financial Institutions Garden Centers Household Service Shops Medical Clinics Offices Recreation Facilities - Private Retail Stores Retail Stores – Warehouse Veterinarian Clinics – Small Animal Utility Buildings 21A.2.2

2

(1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space 46m +5 stacking spaces and 2 parking spaces/drive through window) 2 (1 space/17 m ) 2 (1 space/17 m +5 stacking spaces/drive through window) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) 2 (1 space/17 m ) (discretion of development authority) (31-04)

Discretionary Uses Accessory Uses Automobile Dealerships Automobile Repair and Service Shops Bowling Alleys Building Supply Centers Car Washing Establishments Child Care Facilities Funeral Homes Gas Bars Hotels Motels Pet Care Service Religious Institutions Service Stations Theaters

Okotoks Land Use Bylaw

Minimum Parking Required

(discretion of development authority) 2 (1 space/46m + 3 spaces/service bay + 1 2 space/2000m of display area) 2 (1 space/46m + 3 spaces/service bay) 2

(5 spaces/ alley+1 space/17 m for associated spectator and eating areas) 2 2 (1 space/17m + 1 space/2000m of storage area) 2 (1 space/46m + 3 stacking spaces/entrance) 2 (1 space/ 17 m ) (14-12) (1 space/5 seats) 2 (1 space/46m + 3 stacking spaces/pump) (1 space/room + 1 space/employee) (1 space/room + 1 space/employee) 2 (1 space/17m ) (27-10) (1 space/5 seats) (12-10) 2 (1 space/46m + 3 spaces/service bay + 3 stacking spaces/pump) (1 space/5 seats)

Page | 127


SECTION 21A

GATEWAY COMMERCIAL DISTRICT (C-GATE)

21A.3.0

GENERAL REQUIREMENTS

21A.3.1

In addition to the general land use provisions contained in Section 9.0.0, the following provisions as contained within this Section shall apply to every development in this district.

21A.4.0

MINIMUM REQUIREMENTS

21A.4.1

Setback from Public Roads

(5-01)

21A.4.2

(a)

roads: 6m (19.69 ft.)

(b)

highways: 6m (19.69 ft.) provided there is no objection from Alberta (4-02) Transportation

(c)

lanes: 3m (9.84 ft.)

Setbacks from abutting sites: (a)

residential sites: 9m (29.53 ft.)

(b)

other sites designated Gateway Commercial District: required pursuant to provincial regulation

(c)

all other: at the discretion of the development authority taking into consideration the comprehensive site plan, and proximity to major transportation routes and adjacent land uses

none unless

21A.4.3

Separation space from internal roads: 1.5m (4.92 ft.)

21A.4.4

Landscaping: The boulevard and 12% of the site shall be landscaped. At the discretion of the Development Authority, the landscape area may be reduced to 10% provided hard landscape elements and decorative lamps are utilized to (4-02) create a high quality landscape environment.

21A.5.0

MAXIMUM LIMITS

21A.5.1

Building Height: 12m (39.37 ft.)

Okotoks Land Use Bylaw

Page | 128


SECTION 21A

GATEWAY COMMERCIAL DISTRICT (C-GATE)

21A.6.0

SPECIAL CONDITIONS

21A.6.1

Requirement for Comprehensive Site Concept Plan:

(5-01)

(a)

21A.6.2

21A.6.5

include all lands which are contiguous and classified Gateway Commercial District;

(ii)

address building design compatibility, site layout (including setbacks, landscaping, parking, access, continuity of pedestrian and vehicular circulation, signage and fencing; and

(iii)

be used to evaluate future development in the Gateway Commercial center, including further subdivision of the site.

All outside loading and unloading areas shall be located at the side or rear of the building. Where loading areas will be visible from adjoining streets, residential sites or public parking areas, they will be visually screened utilizing a screen structure designed as an integral part of the (4-02) commercial structure.

Access: (a)

21A.6.4

(i)

Loading and Unloading Spaces: (a)

21A.6.3

Prior to issuance of any development permits or consideration of any subdivision applications in this district, a comprehensive Concept Plan must be prepared and submitted to the satisfaction of the development authority. Such a Concept Plan must address the design principles as outlined in Section 21A.6.5. Among other things, the Concept Plan shall:

The location of access/egress points to the parking area for the Gateway Commercial center shall be established at an adequate distance from an intersection to ensure sufficient stacking distance for vehicles entering or leaving the site.

Subdivision of Building Sites: (a)

A building site(s) in a Gateway Commercial center development may be subdivided from a larger parcel within the site to a minimum area of 0.195 ha (0.48 acres) provided that the subdivision is consistent with the approved Concept Plan.

(b)

Adjoining sites shall be integrated by direct on-site access connections to facilitate the convenient, efficient and free-flowing traffic movement between sites.

Concept Plan Design Principles: ƒ Facades of individual buildings within a cluster of commercial buildings should include similar and complementary design elements, finish material and architectural styles. Some variation in architectural treatment will be considered for standard prototype buildings used by major retailers provided other elements such as lighting fixtures and landscaping are employed to integrate such prototype buildings into the overall commercial development. (4-02)

Okotoks Land Use Bylaw

Page | 129


SECTION 21A

GATEWAY COMMERCIAL DISTRICT (C-GATE) ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ

Okotoks Land Use Bylaw

(5-01) Buildings and landscaping should be the most prominent feature on each site. Fascia signs should be integrated into the architecture of the building. Freestanding signs should include design elements and finish materials that match the finish materials of the building(s) on the site. High quality building finish materials should be employed. The front, side and rear building facades of individual buildings should include similar design elements and finish materials. The internal pedestrian circulation system should have direct and logical connections to the public sidewalk and encourage and facilitate pedestrian circulation throughout the site. Elements such as lighting fixtures, sidewalk finish, benches and waste receptacles should be used to provide a sense of continuity throughout the commercial area. A wide range of commercial uses strategically located to mutually benefit and complement each other should be encouraged through subdivision and site planning.

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SECTION 22

SPECIAL DEVELOPMENT COMMERCIAL DISTRICT (C-SD)

22.1.0

PURPOSE AND INTENT

22.1.1

The purpose and intent of this district is to encourage the development of a pedestrian oriented shopping area comprised of a broad range of retail shops, eating establishments and entertainment facilities and which may include residential development in upper floors. The district is intended to apply to lands along Riverside Drive/South Railway St. between Northridge Drive and Lineham Ave. which are located in the Downtown and have special location and aesthetic qualities because of proximity to the Sheep River. Flexibility in applications of regulations will encourage innovative development that recognizes unique parcel size and shapes in this area.

22.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

22.2.1

Permitted Uses Eating Establishments Entertainment Establishments Financial Institutions Medical Clinics Offices Household Service Shops Recreation Facilities – Private Retail Stores Utility Buildings

22.2.2

Minimum Parking Required 2

(1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m +5 stacking spaces/drive through window 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) (discretion of development authority) (31-04)

Discretionary Uses Accessory Uses Business Support Services Bowling Alleys Child Care Facilities Drinking Establishments Dwelling Accommodations Existing Buildings and Uses Motels Hotels Theaters

(discretion of development authority) 2 (1 space/37 m ) 2 (spaces/alley+1 space/37 m for associated spectator and eating areas) (1 space/employee + 1 space/10 children + 1 space/vehicle used to transport children) (14-12) 2 (1 space/37 m ) (discretion of development authority) (31-02) (discretion of the development authority) (1 space/room+1 space/employee) (1 space/room+1 space/employee) (1 space/5 seats)

22.3.0

GENERAL REQUIREMENTS

22.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

22.4.0

MINIMUM REQUIREMENTS

22.4.1

Area of Site: at the discretion of the Development Authority

22.4.2

Width of Site: at the discretion of the Development Authority

Okotoks Land Use Bylaw

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SECTION 22

SPECIAL DEVELOPMENT COMMERCIAL DISTRICT (C-SD)

22.4.3

Front Yard: at the discretion of the Development Authority

22.4.4

Side Yards: at the discretion of the Development Authority taking into account the need for access into the site and compatibility with side yards of existing buildings in the area.

22.4.5

Rear yard: at the discretion of the Development Authority taking into account the relationship of sites to the Sheep River in combination with the need for access into a site and parking requirements.

22.4.6

Landscaping: at the discretion of the Development Authority

22.5.0

MAXIMUM LIMITS

22.5.1

Building Height:

(31-02)

(a)

buildings containing residential dwellings above main floor: 4 stories

(b)

all other: 3 stories

22.6.0

SPECIAL CONDITIONS

22.6.1

Dwelling Accommodations: Dwelling accommodations in conjunction with a commercial use shall: (a)

be limited to the second story or above;

(b)

not be located below or on the same floor as a non-residential use; and

(c)

have an entrance to grade that is separate from the entrance to any nonresidential component of the building.

22.7.0

ARCHITECTURAL GUIDELINES

22.7.1

Purpose: The purpose of this Section is to provide design guidelines for architects, planners, developers, businessmen, and residents when planning and developing new buildings in the District.

22.7.2

Implementation: The Development Authority shall assess all development proposals along South Railway St. with reference to these Architectural Guidelines and the Railway Area Analysis and Policy Report.

22.7.3

Background: The Railway Area Analysis and Policy Report adopted by Council on January 8, 1996 contained recommended Architectural Guidelines for the lands along South Railway St. between Centre Ave and Oak Avenue. With the designation of portions of this lands to Commercial Special Development (C-SD) District, these Architectural Guidelines are being added to the C-SD district in the Land Use Bylaw to implement the Railway Area Analysis and Policy Report. The content of

Okotoks Land Use Bylaw

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SECTION 22

SPECIAL DEVELOPMENT COMMERCIAL DISTRICT (C-SD) these Guidelines has been retained, however several additional Guidelines have been added to accommodate existing developments/approvals to the west of Centre Ave. and to be consistent with formatting of Guidelines in other districts in the Land Use Bylaw. The guidelines in most cases are illustrative rather than prescriptive. It is not the intent of these guidelines to restrict design flexibility but rather to encourage compatibility and harmony with the existing streetscape and the significant amenity provided by proximity to the Sheep River.

22.7.4

Design Guidelines: (a)

Uses: The uses contained in buildings play a key role in determining whether a street becomes a shopping area for pedestrians as opposed to a car oriented commercial area. This area might be amenable to mixed use development where the commercial component consists of several small (less then 500 sq. ft.) commercial spaces that provide an unmet market need between the home based business and the large scale commercial buildings that presently dominate the commercial market in Okotoks. • The Town shall encourage a mix of uses in this district that create an attractive shopping environment and results in both day time and night-time activities. • Commercial uses should generally be small in scale and diverse in types of businesses. Particular attention should be given to encouraging uses that are mutually beneficial to each other (i.e. restaurant beside a theater or bowling alley). • Ground floor space should be preserved for retail, eating establishments and entertainment use while upper floors are encouraged to contain residential uses or lower intensity commercial uses.

(b)

Building Form and Street Character: Building form is a key element to developing a street with character. • Buildings should be small in scale to create an environment that is comfortable for pedestrians. • Development should maintain a pattern of small lot development. If larger developments are proposed, they should be designed to look like a series of smaller buildings.

(c)

Rear Facades: The rear facades of buildings in this area will be highly visible due to the river and railway tracks which create wide open sight lines to the rear yards from the downtown and Sheep River valley. Attention to appearance is therefore as important for the rear facades as it is for the front façade. • A similar mix of architectural elements, materials and colors that are utilized on the front of a building should be incorporated into the rear façade.

Okotoks Land Use Bylaw

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SECTION 22

SPECIAL DEVELOPMENT COMMERCIAL DISTRICT (C-SD) • Attractive secondary customer entrances are encouraged at the rear of buildings where feasible. • Site design shall encourage pedestrian movement between the rear and front of properties through the use of courtyards or similar features. (d)

Corner Lots: • Corner lot development should incorporate windows, projections, special roof treatments or other architectural elements on both frontages.

(e)

Setbacks: • Buildings should be setback 3.5m from the curb to provide adequate space for a pedestrian circulation system and boulevard trees. • Buildings should be setback no more than 5m from the curb to provide pedestrians with an interesting walking environment.

(f)

Window Types: • Window arrangements and form should generally have a greater vertical dimension than horizontal and be separate and distinct from one another. Long horizontal strip windows, at upper floors, are discouraged. • Continuous, large display windows at the ground floor of buildings is encouraged, to create visual interest for pedestrians, and create a more attractive space for retail tenants.

(g)

Roofs and Cornice Lines: • Buildings should have sloped roofs, or varied cornice lines. • The use of dormers in sloped roofs is encouraged to reduce the apparent height of buildings • Awnings or projecting arcades are encouraged to reconcile building scale with the pedestrian environment.

(h)

Entrances: • Principal entries should be a key element in the front/rear façade of buildings including such elements as transom or side lights around front doors, recessed entry area for shelter etc.

(i)

Landscaping: • Landscaping should be concentrated near pedestrian areas such as sidewalks and entrances and include boulevard trees, buffering near the railway, and flower and shrub beds at the base of buildings.

(j)

Signage: • Signage should be sensitive to the architecture of the building and should be integrated into, or project from, the façade of the building. • Projecting signs are permissible if they are not backlit, they are small in scale, and designed to be viewed by pedestrians from the sidewalk as opposed to cars on the street.

Okotoks Land Use Bylaw

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SECTION 22

SPECIAL DEVELOPMENT COMMERCIAL DISTRICT (C-SD) • Signage design, including identification and directional signs, should be sensitive to the architecture of the building on the site, adjacent buildings, and uses and the function of the area as a shopping street for pedestrians. • Preferred materials for sign construction include wood and wrought iron. • Neon and florescent signs, plastic signs and freestanding signs are prohibited. (k)

Lighting • Pedestrian scale street and site lighting is encouraged • Flood lights for buildings and landscaping is discouraged.

(l)

Materials • Building materials should be traditional materials such as: • Brick; • Stone; • sand finish stucco; • lap siding; • or equivalents of the above. • The types of materials and material colors on buildings should be consistent with adjoining developments. • A mix of two or more types of materials is encouraged.

(m)

Parking: • On street parking is encouraged as it acts as a buffer for pedestrians and provides short term parking that shoppers appreciate. • To retain as much on street parking as possible, an absolute minimum number of driveways should be permitted. Driveway locations should be determined at the subdivision stage and planned as shared accesses among several lots to minimize their number. • All off street parking on sites abutting the railway should occur at the rear of sites or where necessary in side yards. On sites abutting the Sheep River, parking is preferred in side yards away from the river bank. Lands in close proximity to the Sheep River should be preserved for patio areas, landscaping and buildings. • Rear parking should be accessed at various intervals by the creation of mid-block parks (walk through). • Rear parking should be designed and landscaped to act as a buffer for properties that back onto the railway tracks. • Parking design should integrate with adjacent lands to provide for circulation and access to shared accesses. This shared parking and access system should extend along the entire length of the block that abuts the railway between Centre Ave. and Lineham Ave.

Okotoks Land Use Bylaw

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SECTION 22

SPECIAL DEVELOPMENT COMMERCIAL DISTRICT (C-SD) • The development authority may consider a parking provision of 1.5 spaces per dwelling unit for residential units when a comprehensive parking analysis prepared by a qualified professional is submitted in support of a Development Permit application. In all other cases the parking requirement for residential use is 2 spaces per dwelling unit. (31-02)

Okotoks Land Use Bylaw

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SECTION 23

BUSINESS INDUSTRIAL DISTRICT (I-1)

23.1.0

PURPOSE AND INTENT

23.1.1

The purpose and intent of this district is to provide for low intensity retail and entertainment uses, offices and industrial businesses which carry out their operations such that no nuisance factor is created or apparent outside an enclosed building or enclosed area. Uses in this district should not generate inappropriate truck traffic or high traffic on adjacent residential roads nor should uses cause adverse impact on nearby residential areas. This district is appropriate for land on the periphery of an industrial area that abuts an arterial or collector road and may be used as a transition between industrial and nonindustrial uses.

23.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

23.2.1

Permitted Uses Business Support Services Eating Establishments Household Service Shops Offices Public Parks Utility Buildings

23.2.2

2

(1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) (discretion of development authority) (discretion of development authority) (31-04)

Discretionary Uses Accessory Uses Agricultural Related Businesses Auction Rooms Automotive Repair and Service Shops Auto body and Paint Shops Bingo Establishments Bowling Alleys Car Washing Establishments Child Care Facilities

Commercial Schools Drinking Establishments Entertainment Establishment Garden Centers Gas Bars Industrial Service Shops Manufacturing Plants Medical Clinic Pet Care Service Recreation Facilities – Private Recycling Depots Religious Institutions Retail Stores Retail Stores – Warehouse Storage Yard-Mini Storage Theaters

Okotoks Land Use Bylaw

Minimum Parking Required

(discretion of development authority) 2 (1 space/46 m +3 spaces/service 2 bay+1 space/2000m of display area) 2 (1 space/46 m ) 2 (1 space/46 m +3 spaces/service bay) 2 (1 space/46 m +3 spaces/service bay) (1 space/5 seats) 2 (5 spaces/alley+1 space/37 m for associated spectator and eating areas) 2 (1 space 46 m +3 stacking spaces/entrance) (1 space/ employee + 1 space/10 children + 1 space/vehicle used to transport children) (14-12) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/46 m +3 stacking spaces/pump) 2 (1 space/46 m ) 2 (1 space/56 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) (27-10) 2 (1 space/37 m ) 2 (1 space/46 m ) (1 space/5 seats) (12-10) 2 (1 space/37 m ) 2 (1 space/37 m ) (discretion of development authority) (27-02) (1 space/5 seats)

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SECTION 23

BUSINESS INDUSTRIAL DISTRICT (I-1) Veterinarian Clinics – Small Animal Warehousing

2

(1 space/37 m ) 2 (1 space/56 m )

23.3.0.

GENERAL REQUIREMENTS

23.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

23.4.0

MINIMUM REQUIREMENTS

23.4.1

Front Yard: 6m (19.69 ft.)

23.4.2

Side Yards: (a)

street side of a corner site: 6m (19.69 ft.)

(b)

laneless sites: one unobstructed 6m (19.69 ft.) side yard

(c)

all other: none unless required pursuant to provincial regulation

23.4.3

Rear Yard: 6m (19.69 ft.)

23.4.4

Landscaping: the boulevard and 10% of the site

23.5.0

MAXIMUM LIMITS

23.5.1

Height of Buildings and Structures: (a)

buildings: 3 stories

(b)

other structures: at the discretion of the Development Authority

23.6.0

SPECIAL CONDITIONS

23.6.1

Floor Area Maximum Limits: The following regulations shall apply to Industrial Service Shops and Manufacturing Plants:

23.6.2

(a)

floor area shall not exceed 300 m2. (3,229 sq. ft.) per shop or plant; and

(b)

the Development Authority may, if satisfied that the use is compatible with retail, entertainment uses and offices, allow a shop or plant to exceed the floor area requirement.

Fencing: No fencing is permitted within 20 m (65.61 ft.) of a collector or arterial road.

23.6.3

Special Setbacks:

(37-00)

The front, rear and side yard setback requirements for those lands described as Block 3, Plan 0111406 are at the discretion of the Development Authority.

Okotoks Land Use Bylaw

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SECTION 23

BUSINESS INDUSTRIAL DISTRICT (I-1)

23.7.0.

CRYSTALRIDGE DRIVE ARCHITECTURAL GUIDELINES

23.7.1

Purpose: The purpose of this section is to provide design guidelines for architects, planners, developers, business persons and residents when planning and developing new buildings.

23.7.2

Implementation: The Development Authority shall assess all development proposals which abut Crystalridge Drive in accordance with the Crystalridge Drive Architectural Guidelines.

23.7.3

Background: The east side of Crystalridge Drive is designated for industrial land use. This streetscape was originally envisioned as rear yards for development facing Stockton Point further to the east. Recent policy amendments have created an opportunity to reverse this configuration – to create development that faces rather than backs onto Crystalridge Drive. While this change will inherently encourage a more aesthetic, pedestrian friendly environment, these guidelines have been created to effect a “gentle” transition between industrial uses to the east, and residential uses to the west. Given the high degree of visibility along Crystalridge Drive, the architectural character of development along this streetscape is envisioned to be stronger than the architectural character in the remainder of the business park. These guidelines reflect an emphasis on the development of a pedestrianfriendly streetscape. In most cases, these guidelines are suggested rather than mandatory. It is not the intent of these guidelines to restrict design flexibility but rather to encourage compatibility and harmony between future development on the east side of Crystalridge Drive and between commercial development and adjacent land uses.

23.7.4

Design Guidelines: (a)

General: • All development must be designed to maximize development potential and design in accordance with the Okotoks Municipal Development Plan, and other statutory plans adopted or under preparation. • In the absence of adopted planning and architectural studies, all buildings shall be of good architectural design to the satisfaction of the Development Authority. • In examining any use proposed, due regard shall be paid to the compatibility of the proposed use with existing uses on or adjacent to the site. • The façade of the buildings shall be maintained to the standard as shown on the site plan approved by the Development Authority.

Okotoks Land Use Bylaw

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SECTION 23

BUSINESS INDUSTRIAL DISTRICT (I-1) (b)

Comprehensive Planning: • Where the site is part of a larger area, the whole of which may eventually be developed and for which no comprehensive plan has been prepared, the Development Authority shall require the submission of a comprehensive plan for the whole area before dealing with the application, and may require the plan to be prepared by a qualified designer. The comprehensive plan shall address building design compatibilities, site layout including setbacks, landscaping, parking, access, continuity of pedestrian and vehicular circulation, signage, fencing, storm drainage and suggested colors and building materials.

(c)

Subdivision: • A building site may be subdivided from a larger parcel if a comprehensive plan is prepared to the satisfaction of the Development Authority.

(d)

Architectural Detailing: • Buildings shall be oriented to face Crystalridge Drive. • New development should employ colors, materials and finishes that are visually compatible with, and should aid in harmonizing, the streetscape. • Continuous buildings (e.g. strip malls) should be architecturally broken into modules to increase aesthetic interest. For example, this may involve variation in roof pitch, detailing, window/door type, setback, trim style and color and finish color. • Buildings are encouraged to be as close to street level elevation as possible. By necessity, this implies that the berm along the immediate east edge of the sidewalk shall be reduced in height as much as possible without causing harm to any underground utilities present under the berm. • Buildings are encouraged to be “permeable” – through generous use of windows, doors, architectural detailing that are of interest from the street and to a pedestrian. • Architectural detailing and design of any new buildings should be in keeping with the style and character of any existing buildings along Crystalridge Drive.

(e)

Landscaping: • Landscaping shall be provided to the satisfaction of the Development Authority in accordance with an approved plan, and shall include: • an average width of 6 m(19.69 ft.) adjacent to Crystalridge Drive over the full length of the perimeter of a site, excluding ingress and egress points; • a combination of hard and soft landscaping materials, located to enhance pedestrian areas, building walls and parking cells; and

Okotoks Land Use Bylaw

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SECTION 23

BUSINESS INDUSTRIAL DISTRICT (I-1) • preservation of the existing treed boulevard buffer along the entire length of Crystalridge Drive, where possible. Any trees removed shall be replaced either in the boulevard or elsewhere on the property by a deciduous tree species. • Flowering trees and shrubs are encouraged to give an element of color to the streetscape. (f)

Vehicle Access: • The location of ingress/egress points to the parking area shall be approved by the Development Authority, and shall be designed in a comprehensive fashion so as to minimize the number of ingress/egress intersections, and to maximize internal traffic movement. The location of ingress/egress points shall be determined as part of a comprehensive plan, or at the development permit stage.

(g)

Parking/Traffic Flow: • Where off-street parking for 30 or more vehicles is required and is being provided at grade, the parking spaces shall be arranged within smaller cells, which are defined by landscaping and which serve to provide an efficient internal circulation system for vehicle movement within the total parking area. • Adjoining sites shall be integrated by direct on-site access connection to facilitate the convenient, efficient and free flowing traffic movement between sites where, in the opinion of the Development Authority, such integration is desirable due to the existing or potential type of adjacent development and where such access is not prohibited due to such factors as grade, site configurations and location of existing development, including utility services. • Driveways to the rear yard for access to parking are encouraged to bring the building closer to the street (i.e. pedestrian friendly). Driveways shared by two commercial uses are encouraged.

(h)

Loading/Storage: • All outside loading and unloading areas shall be visually screened and be designed as an integral part of the building structure. • No front yard storage shall be permitted.

(i)

Lighting: • All on site lighting shall be located, oriented and shielded so as to not adversely affect the adjacent residential properties. • Pedestrian scale lighting is encouraged. Lighting for signage, parking areas and pedestrian areas should be carefully placed and oriented to shine away from adjacent properties. • Neon or flashing lighting is discouraged.

(j)

Signage: • Building mounted signage compatible with the building finish is preferred. Freestanding signage is discouraged. Should freestanding signage be considered, preference will be given to low profile (height), small, and joint use signage near an access/egress point.

Okotoks Land Use Bylaw

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SECTION 23

BUSINESS INDUSTRIAL DISTRICT (I-1) • Signage design should be sensitive to the architecture of the building on the site, adjacent buildings and adjacent land uses. (k)

Fencing: • No front yard fencing shall be permitted.

Okotoks Land Use Bylaw

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SECTION 23A

SOUTH BUSINESS INDUSTRIAL DISTRICT (I-1S)

23A.1.0

PURPOSE AND INTENT

23A.1.1

The purpose and intent of this district is to provide for prestige, high quality light to medium industrial and office development in a comprehensively planned industrial park consistent with the Municipal Development Plan with perimeter parcels developed in a manner that is aesthetically compatible with adjacent land uses and public thoroughfares. Development within this district is to be characterized by pedestrian connections to and between buildings, minimal outdoor activities and uses that contribute to a Sustainable Okotoks.

23A.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

23A.2.1

Permitted Uses Public Parks Utility Buildings

23A.2.2

(discretion of development authority) (discretion of development authority)

Discretionary Uses Accessory Uses Agricultural Related Businesses Auction Rooms Automotive Repair and Service Shops Auto body and Paint Shops Bingo Establishments Bowling Alleys Building Supply Centers Bulk Fuel Storage and Distribution Facilities Business Support Services Car Washing Establishments Commercial Schools Crematoriums Custodial Quarters Drinking Establishments Dry Cleaning and Fabric Care Plants Eating Establishments Entertainment Establishment Hotel Industrial Service Shops Kennels Laboratories Manufacturing Plants Medical Clinic Motion Picture Production Facilities Offices Pet Care Service Power Generation Facilities Radio and Television Studios Recreation Facilities – Private Recycling Depots

Okotoks Land Use Bylaw

Minimum Parking Required

(discretion of development authority) 2 (1 space/46 m +3 spaces/service 2 bay+1 space/2000m of display area) 2 (1 space/46 m ) 2 (1 space/46 m +3 spaces/service bay) 2 (1 space/46 m +3 spaces/service bay) (1 space/5 seats) 2 (5 spaces/alley+1 space/37 m for associated spectator and eating areas) 2 2 (1 space/37 m +1 space/2000m of storage area) 2 (1 space/46 m +3 stacking spaces/pump) 2

(1 space/37 m ) 2 (1 space 46 m +3 stacking spaces/entrance) 2 (1 space/37 m ) (discretion of development authority) (1 space/occupant) 2 (1 space/25 m ) 2 (1 space/37 m ) 2 (1 space/25 m ) 2 (1 space/37 m ) (1 space/room+1 space/employee) 2 (1 space/46 m ) 2 (1 space/37 m ) (discretion of development authority) 2 (1 space/56 m ) 2 (1 space/25 m ) (discretion of development authority) 2 (1 space/37 m ) 2 (1 space/37 m ) (27-10) (discretion of development authority) (discretion of development authority) 2 (1 space/37 m ) 2 (1 space/46 m )

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SECTION 23A

SOUTH BUSINESS INDUSTRIAL DISTRICT (I-1S) Religious Institutions Storage Yard-Mini Storage Theaters Truck Terminals Vehicle Rental Facilities Veterinarian Clinics – Large Animal Warehousing

(1 space/5 seats) (12-10) (discretion of development authority) (29-07) (1 space/5 seats) 2 (1 space/56 m ) 2 (1 space/rental vehicle+1 space/46m ) 2 (1 space/46 m ) 2 2 (1 space/56 m for the first 2000m of 2 floor space + 1 space/500m for all additional floor space)

23A.3.0

GENERAL REQUIREMENTS

23A.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

23A.4.0

MINIMUM REQUIREMENTS

23A.4.1

Front Yard: 6m (19.69 ft.)

23A.4.2

Side Yards:

23A.4.3

(a)

street side of a corner site: 6m (19.69 ft.)

(b)

where a parcel shares a side property line with a parcel designated commercial, public service or environmental protection district: 6m (19.69 ft.)

(c)

all other: 1.2m (3.94 ft.)

Rear Yard: (a)

where a parcel shares a rear property line with a road right of way or a parcel designated commercial, public service or environmental protection district: 6m (19.69 ft.)

(b)

all others: 1.2m (3.94 ft.)

23A.4.4

Landscaping: the boulevard and 10% of the site

23A.4.5

Floor Area Ratio:

Okotoks Land Use Bylaw

(a)

sites backing onto or abutting a highway or arterial roadway: 0.25 FAR

(b)

all other: 0.15 FAR

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SECTION 23A

SOUTH BUSINESS INDUSTRIAL DISTRICT (I-1S)

23A.5.0

MAXIMUM LIMITS

23A.5.1

Height of Buildings and Structures: (a)

buildings: 4 stories

(b)

other structures: at the discretion of the Development Authority

23A.6.0

SPECIAL CONDITIONS

23A.6.1

Sites Abutting a Commercial or Environmental Protection District, a Highway or Arterial Road: The following regulations shall apply to sites that share a property line with a parcel designated Environmental Protection District, a commercial district, a highway and/or arterial road:

23A.6.5

(a)

A 6m (19.69 ft.) landscaped setback shall be provided within a parcel along any property line which is shared with land designated Environmental Protection District;

(b)

Fencing shall not be permitted within a landscaped setback area required pursuant to Section 23A.6.1 (a);

(c)

Notwithstanding Section 23A.5.1(a), buildings shall be a maximum of three stories for sites abutting an Environmental Protection District;

(d)

Buildings must be oriented on the site to minimize any potential adverse impacts on adjacent uses;

(e)

Loading docks shall be oriented and/or screened to not be visible from any public open space, public road or highway;

(f)

Loading and service bay doors must be closed except when being used by a vehicle for loading/unloading/exiting/entering;

(g)

Outside storage shall be limited to no more than 10% of a site, fully enclosed by a screening fence and setback a minimum of 20m from an Environmental Protection District; and

(h)

With the exception of air conditioning, heating or ventilation systems and equipment which are subject to Section 9.18.3, all mechanical systems including but not limited to conveyor belts, cooling towers, stacks, piping, silos and tubing must be completely contained within the building.

Sidewalks: (a)

Every building on a site must have: (i)

Okotoks Land Use Bylaw

a sidewalk along the entire length of the building facade which contains a public entrance or entrances in the case of multi tenant building; and

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SECTION 23A

SOUTH BUSINESS INDUSTRIAL DISTRICT (I-1S) (ii)

(b)

23A.6.6

Okotoks Land Use Bylaw

at least one sidewalk connecting the public entrance(s) to a public sidewalk, or in the case where there is no sidewalk, to the nearest street.

Every sidewalk provided must: (i)

be a minimum width of 1.2m (3.94 ft.); and

(ii)

be raised above the surface of the parking area when located in a parking area.

Employee Area: All developments must have an outdoor amenity space for use of employees that has a minimum area of 10m2 (107.64 sq. ft.)

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SECTION 24

GENERAL INDUSTRIAL DISTRICT (I-2)

24.1.0

PURPOSE AND INTENT

24.1.1

The purpose and intent of this district is to provide for a wide range of light to medium industrial uses of a manufacturing, processing, assembling or distributing nature. Outside storage may be required in association with the industrial use, and location of uses should have regard for the compatibility of adjacent uses.

24.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

24.2.1

Permitted Uses Agricultural Related Businesses Auction Rooms Automotive Repair and Service Shops Auto body and Paint Shops Building Supply Centers Business Support Services Car Washing Establishments Industrial Service Shops Manufacturing Plants Public Parks Service Stations Storage Yards Storage Yard-Mini Storage Truck Terminals Warehousing Utility Buildings

24.2.2

2

(1 space/46 m +3 spaces/service 2 bay+1 space/2000m of display area) 2 (1 space/46 m ) 2 (1 space/46 m +3 spaces/service bay) 2 (1 space/46 m +3 spaces/service bay) 2 2 (1 space/37 m +1 space/2000m of storage area) 2 (1 space/37 m ) 2 (1 space/46 m +3 spaces/entrance) 2 (1 space/46 m ) 2 (1 space/56 m ) (none) 2 (1 space/46 m +3 spaces/service bay+3 stacking spaces/pump) (none) (discretion of development authority) 2 (1 space/56 m ) 2 (1 space/56 m ) (discretion of development authority) (31-04)

Discretionary Uses Accessory Uses Automobile Dealerships Bulk Fuel Storage and Distribution Facilities Commercial Schools Dry Cleaning and Fabric Care Plants Drinking Establishments Eating Establishments Offices Pet Care Service Recreation Facilities – Private Recycling Depots Religious Institutions Retail Stores Retail Stores – Warehouse Vehicle Rental Facilities Veterinarian Clinics – Large Animal

Okotoks Land Use Bylaw

Minimum Parking Required

(discretion of development authority) 2 (1 space/46 m +3 spaces/service 2 bay+1 space/2000m of display area) 2 (1 space/46 m +3 stacking spaces/pump) 2

(1 space/37 m ) 2 (1 space/37 m ) (29-07) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) (1 space /37 m²) (26-10) 2 (1 space/37 m ) 2 (1 space/46 m ) (1 space/5 seats) (12-10) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/rental vehicle+1 space/46 m ) (29-07) 2 (1 space/46 m )

Page | 147


SECTION 24

GENERAL INDUSTRIAL DISTRICT (I-2)

24.3.0

GENERAL REQUIREMENTS

24.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

24.4.0

MINIMUM REQUIREMENTS

24.4.1

Front Yard: 6m (19.69 ft.)

24.4.2

Side Yards: (a)

street side of a corner site: 6m (19.69 ft.)

(b)

laneless sites: one unobstructed 6m (19.69 ft.) side yard

(c)

all other: none unless required pursuant to provincial regulation

24.4.3

Rear Yard: 6m (19.69 ft.)

24.4.4

Landscaping: the boulevard and 10% of the site

24.5.0

MAXIMUM LIMITS

24.5.1

Height of Buildings and Structures: (a)

buildings: 3 stories

(b)

other structures: at the discretion of the Development Authority

24.6.0

SPECIAL CONDITIONS

24.6.1

Dwelling Accommodations: Dwelling Accommodations in conjunction with a mini storage yard shall:

Okotoks Land Use Bylaw

(a)

be attached to the principal building containing the office facility and have its principal access from the office facility;

(b)

be accessory to the principal use;

(c)

not contain more than one dwelling unit per site and the habitable floor area shall not exceed 111.48 m2 (1,200 sq. ft.); and

(d)

have an exterior finish and appearance which is compatible with other buildings on the site and on adjacent sites.

Page | 148


SECTION 24A

INDUSTRIAL DISTRICT (I-3)

24A.1.0

PURPOSE AND INTENT

24A.1.1

The purpose and intent of this district is to provide for a wide range of light to medium industrial uses of a manufacturing, processing, assembling or distributing nature. Outside storage may be required in association with the industrial use, and location of uses should have regard for the compatibility of adjacent uses.

24A.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

24A.2.1

Permitted Uses None

24A.2.2

Discretionary Uses Agricultural Related Businesses Auction Rooms Auto body and Paint Shops Automobile Dealerships Automotive Repair and Service Shops Building Supply Centers Bulk Fuel Storage and Distribution Facilities Business Support Services Car Washing Establishments Community Baseball Diamond Crematoriums Fertilizer Storage and Distribution Facilities Flea Markets Gas Bars Industrial Service Shops Laboratories Manufacturing Plants Motion Picture Production Facilities Power Generation Facilities Public Open Spaces Radio and Television Studios Recycling Depots Retail Stores – Warehouse Service Stations Storage Yards Storage Yard-Mini Storage Truck Terminals Utility Buildings Warehouses 24A.2.3

Okotoks Land Use Bylaw

Minimum Parking Required

2

(1 space/46 m +3 spaces/service bay+1 2 space/2,000m of display area) 2 (1 space/46 m ) 2 (1 space/46 m +3 spaces/service bay) 2 (1 space/46 m +3 spaces/service bay+1 2 space/2,000m of display area) 2 (1 space/46 m +3 spaces/service bay) 2 2 (1 space/37 m +1 space/2,000m of storage area) 2 (1 space/46 m +3 stacking spaces/pump) 2

(1 space/37 m ) 2 (1 space/46 m +3 spaces/entrance) (discretion of development authority) (discretion of development authority) (discretion of development authority) (discretion of development authority) 2 (1 space/46 m +3 stacking spaces/pump) 2 (1 space/46 m ) (discretion of development authority) 2 (1 space/56 m ) (discretion of development authority) (discretion of development authority) (discretion of development authority) (discretion of development authority) 2 (1 space/46 m ) 2 (1 space/37 m ) 2 (1 space/46 m +3 spaces/service bay+3 stacking spaces/pump) (none) (discretion of development authority) 2 (1 space/56 m ) (discretion of development authority) 2 (1 space/56 m )

Additional Discretionary Uses if they are located on the lands described as Lot 1, Block 8, Plan 101 3120; as shown in the sketch map below

Page | 149


SECTION 24A

INDUSTRIAL DISTRICT (I-3) Gas Bar with accessory Convenience Stores

2

(1 space/17m + 3 stacking spaces/pump) (15-10)

24A.3.0

GENERAL REQUIREMENTS

24A.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

24A.4.0

MINIMUM REQUIREMENTS

24A.4.1

Front Yard: 6m (19.69 ft.)

24A.4.2

Side Yards: (a)

street side of a corner site: 6m (19.69 ft.)

(b)

laneless sites: one unobstructed 6m (19.69 ft.) side yard

(c)

all other: none unless required pursuant to provincial regulation

24A.4.3

Rear Yard: 6m (19.69 ft.)

24A.4.4

Landscaping: the boulevard and 10% of the site

24A.5.0

MAXIMUM LIMITS

24A.5.1

Height of Buildings and Structures:

Okotoks Land Use Bylaw

(a)

buildings: 3 stories

(b)

other structures: at the discretion of the Development Authority

Page | 150


SECTION 25

URBAN HOLDINGS DISTRICT (UH)

25.1.0

PURPOSE AND INTENT

25.1.1

The purpose and intent of this district is to provide for the continuation of existing pursuits. The lands have potential for future urbanized development. The proposed urban development will be supported by an outline plan/concept plan, a land use amending bylaw and a plan of subdivision that complies with the policies and provisions of the Okotoks Municipal Development Plan, any adopted area structure plan and applicable planning study for the lands under consideration. For the purposes of subdivision application approval, this district may be used as an interim designation until the Plan is registered.

25.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

25.2.1

Permitted Uses Public Parks Utility Buildings

25.2.2

Minimum Parking Required (none) (discretion of development authority) (31-04)

Discretionary Uses Accessory Buildings Bed and Breakfast Accommodations Existing Uses and Buildings Extensive Agriculture Home Occupations Kennels Manufactured Homes Recreation Facilities – Private Single Detached Dwellings Sand and Gravel Extraction

(discretion of development authority) (discretion of development authority) (discretion of development authority) (discretion of development authority) (discretion of development authority) (discretion of development authority) (discretion of development authority) (discretion of development authority) (discretion of development authority) (discretion of development authority)

25.3.0

GENERAL REQUIREMENTS

25.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

25.4.0

MINIMUM REQUIREMENTS AND MAXIMUM LIMITS

25.4.1

Minimum requirements and maximum limits shall be determined by the Development Authority having due regard to the amenities of the neighborhood.

25.5.0

SPECIAL CONDITIONS

25.5.1

Residential Dwellings: New residential dwellings shall be designed to facilitate removal of the dwelling unit when urban density development occurs.

Okotoks Land Use Bylaw

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SECTION 25

URBAN HOLDINGS DISTRICT (UH)

25.5.2

Expansion of Existing Uses: The Development Authority may allow a limited expansion to an existing building or use having due regard to its location to adjacent lands and its development time frame.

25.5.3

Interim Designations: Where an amending bylaw designating lands for urban density districts has been given 3rd reading and which comes into full force and effect upon Registration of the Plan of Subdivision, the lots in a proposed application for subdivision approval are deemed to conform to this district. A Bylaw amending previous Land Use Bylaw 1-80 that has not come into full force and effect as of the adoption of this Land Use Bylaw is deemed to be a Bylaw amending this Land Use Bylaw. The Bylaw is further deemed to come into full force and effect at the time the subdivision associated with the Bylaw is registered at Land Titles.

Okotoks Land Use Bylaw

Page | 152


SECTION 26

RESTRICTED DEVELOPMENT DISTRICT (RD)

26.1.0

PURPOSE AND INTENT

26.1.1

The purpose and intent of this district is to control and regulate development on escarpment lands and adjacent to the Sheep River.

26.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

26.2.1

Permitted Uses Public Parks Utility Buildings

26.2.2

Minimum Parking Required (discretion of development authority) (discretion of development authority) (31-04)

Discretionary Uses Accessory Buildings Bed and Breakfast Accommodations Existing Uses and Buildings Home Occupations Public and Quasi-Public Buildings, Facilities and Installations Single-Detached Dwellings Studio Suites

(discretion of development authority) (discretion of development authority) (discretion of development authority) (discretion of development authority) (discretion of development authority) (2 spaces/dwelling) (1 space/suite in addition to the parking requirement for the single detached dwelling) (33-02)

26.3.0

GENERAL REQUIREMENTS

26.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

26.4.0

MINIMUM REQUIREMENTS AND MAXIMUM LIMITS

26.4.1

Minimum requirements and maximum limits shall be determined by the Development Authority having due regard to the amenities of the neighborhood.

26.5.0

SPECIAL CONDITIONS

26.5.1

Notwithstanding the provision of Section 9.25.1, Studio Suites shall be located within the principal building and their location within the building is at the discretion of the Approving Authority.

26.5.2

The minimum floor area for a studio suite is 30m2 (322.93 sq. ft.) and the maximum floor area for a studio suite is 40% of the principal dwelling unit to a maximum of 75m2 (807.32 sq. ft.).

Okotoks Land Use Bylaw

(33-02)

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Okotoks Land Use Bylaw

Page | 154


SECTION 27

ENVIRONMENTAL PROTECTION DISTRICT (EP)

27.1.0

PURPOSE AND INTENT

27.1.1

The purpose and intent of this district is to protect and preserve publicly owned lands with unique scenic and natural landscapes. Development in this district will be limited to passive and/or light recreational use and, where required, essential public works.

27.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

27.2.1

Permitted Uses

Minimum Parking Required

Nature Reserve Utility Buildings

(none) (discretion of development authority) (31-04)

27.2.2

Discretionary Uses Trail and Walkway Systems Public and Quasi-Public Buildings, Facilities and Installations

(none) (discretion of development authority)

27.3.0

GENERAL REQUIREMENTS

27.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

27.4.0

MINIMUM REQUIREMENTS AND MAXIMUM LIMITS

27.4.1

Minimum requirements and maximum limits shall be determined by the Development Authority and Council having due regard to the amenities of the area.

27.5.0

SPECIAL CONDITIONS

27.5.1

Any development within this district, whether a permit is required or not, shall be conditional upon:

27.5.2

Okotoks Land Use Bylaw

(a)

the full restoration of the natural landscape to pre-construction grades, or, if pre-construction grades are not feasible, in a fashion that enhances the amenities of the surrounding landscape;

(b)

the full restoration of all natural vegetation to pre-construction conditions; and

(c)

measures such as perimeter fencing that will be provided to ensure that the subject lands will be protected from inappropriate use.

Inside or outside storage of chemicals, explosives, flammable liquids, toxic or waste materials shall not be allowed within the flood risk area.

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Okotoks Land Use Bylaw

Page | 156


SECTION 28

PUBLIC SERVICE DISTRICT (PS)

28.1.0

PURPOSE AND INTENT

28.1.1

The purpose and intent of this district is to provide for public and privately owned cultural, educational, institutional, and recreational uses.

28.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

28.2.1

Permitted Uses Public Parks Utility Buildings

28.2.2

(9-00)

Minimum Parking Required (none) (discretion of development authority) (31-04)

Discretionary Uses Child Care Facilities as an accessory use to Religious Institutions Community Buildings and Facilities Cemeteries Public and Quasi-Public Buildings, Installations and Facilities Religious Institutions School Senior Citizen’s Homes Trails and Walkway Systems

(1 space/ employee + 1 space/10 children + 1 space/vehicle used to transport children) (14-12) (discretion of development authority) (none) (discretion of development authority) (1 space/5 seats) (2 spaces/class-elem., 4 spaces/classmiddle, 8 spaces/class-high) (1 space/4 units) (none)

28.3.0

GENERAL REQUIREMENTS

28.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

28.4.0

MINIMUM REQUIREMENTS

28.4.1

All yards: 6m (19.69 ft.)

28.4.2

Landscaping: the boulevard and 20% of the site

28.5.0

MAXIMUM LIMITS

28.5.1

Building Height: 3 stories

28.5.2

Site Specific Building Height Limits: The building height for those lands described as Parcel M, Plan 799HN within the NEÂź 29-20-29-4 are at the discretion of the Development Authority. When considering an application for this site, the approving authority shall take into account Municipal Development Plan objectives for neighborhood focal points, building setbacks, rooflines, grades, and scale and height of both existing and proposed development. However, in no case shall the height exceed 20m (65.62 (13-01) ft.).

Okotoks Land Use Bylaw

Page | 157


SECTION 28

PUBLIC SERVICE DISTRICT (PS)

28.6.0

SPECIAL CONDITIONS

28.6.1

Special Setbacks:

(37-00)

The front, rear and side yard setback requirements for those lands described as a portion of Block A, Block B and a portion of Block C, Plan 4264L and Railway Right of Way Plan No. 842 0463 (CPR Surplus lands) (Registered as Lot 2, Block 1, Plan 001 2315) are at the discretion of the Development Authority. 28.6.2

Okotoks Land Use Bylaw

The Architectural Guidelines of the C-SD District shall apply to development on (1-03) Lot 2, Block 3, Plan 0210286.

Page | 158


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.1.0

PURPOSE AND INTENT

29.1.1

The purpose and intent of this district is to allow direct control by Council over development, due to its special nature or circumstance.

29.2.0

USES AND REQUIREMENTS

29.2.1

Uses allowed in this district and standards of development shall be at the discretion of Council, or at the discretion of the Development Authority pursuant to Section 29.4.0.

29.2.2

Designation of a site as Direct Control does not constitute approval of the development permit. Comprehensive plans including building design, site layout, exterior finishes and color, landscaping, buffering, fencing, garbage facilities, parking and access shall be submitted in the same manner as with any development permit application.

29.2.3

The General Land Use Regulations and Provisions and any previous development approval on the site shall be used as a guideline when considering any development permit.

29.2.4

Wherever this Bylaw states with respect to a particular Direct Control District that the listed uses and development and parking regulations of a particular district shall be used as a guide when considering a development permit on this site, all such listed uses shall be considered as discretionary uses within that particular Direct Control District, regardless of whether they are listed as permitted or discretionary uses in that other district.

29.3.0

PROCEDURE

29.3.1

Notwithstanding the procedure established for development permit applications in Section 3, applications for development on land in Direct Control Districts shall be referred to Council for its approval, with or without conditions or refusal, unless it falls within the exceptions provided in Section 29.4.0. (10-03)

29.3.2

When an application for a development permit is received, Council may, at its discretion, hold a Public Hearing.

29.3.3

Notice of a Public hearing shall be published in a newspaper circulating in the Municipality stating the location of the property for which the application has been made and use proposed.

29.3.4

Notwithstanding the procedure established for the issuance of development permits in Section 4, Council shall decide on all applications for development permits within a Direct Control District, unless the application falls within the exceptions provided in Section 29.4.0. Council may approve an application, with or without conditions, or may refuse an application for a development permit. (10-03)

29.3.5

The General Land Use Regulations and Provisions and any previous development approval on the site shall be used as a guideline when considering any development permit.

Okotoks Land Use Bylaw

(10-03

Page | 159


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.3.6

There is no appeal to the Subdivision and Development Appeal Board provided for a decision made by Council on an application for a development permit in a Direct Control District.

29.4.0

DELEGATION OF DECISIONS

29.4.1

Notwithstanding Section 29.3.0, for sites designated as a Direct Control District for which Council has approved specific uses or has designated the listed uses of another district to be used as a guideline when considering any development permit on that site, the Development Officer and Municipal Planning Commission are delegated by Council the authority to approve an application, with or without conditions, or to refuse an application for:

(10-03)

(a)

a sign permit on a developed site in a Direct Control District

(b)

a development permit authorizing a change in use within an existing building where no changes are proposed to the exterior of the building or the site. The Development Officer shall have the authority to make decisions on applications where the intended use is a “Permitted Use� of that other district, but may refer the application to the Municipal Planning Commission, at the discretion of the Development Officer. All other applications that fall under this subsection (b) shall be referred to the Municipal Planning Commission for a determination.

The Development Authority shall determine which regulations are to apply to each site consistent with the specific uses approved by Council for that Direct Control District. A decision on an application for a development permit in a Direct Control District made further to this section may be appealed to the Subdivision and Development Appeal Board in accordance with the Act. 29.4.2

Notwithstanding Section 29.3.0, the Municipal Planning Commission has the authority to approve an application, with or without conditions, or to refuse an application for any development permit, within a Direct Control District for which Council has specifically delegated that authority to the said Municipal Planning Commission in this Bylaw. The Development Authority shall determine which regulations are to apply to each site consistent with the specific uses approved by Council for that Direct Control District. A decision on an application for a development permit made by the Municipal Planning Commission pursuant to this section may be appealed to the Subdivision and Development Appeal Board in accordance with the Act.

29.4.3

Where Council has not listed any specific uses for a particular Direct Control District, or has not designated the listed uses of a particular district to be used as a guideline for a particular Direct Control District, only Council may make determinations on Development Permit applications for that Direct Control District, pursuant to Section 29.3.0.

Okotoks Land Use Bylaw

Page | 160


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.0

SITE SPECIFIC REQUIREMENTS

29.5.1

Amending Bylaw: 16-84 and 15-90 Municipal Address: 125 ELIZABETH STREET Legal: Block A, Plan 8510339

29.5.2

29.5.3

29.5.4

Okotoks Land Use Bylaw

(a)

The site shall be used for a Service Station and Household Service Shop;

(b)

the development and parking regulations of the Highway Commercial District shall be used as a guide when considering a development permit on this site; and

(c)

neither expansion of the existing building nor new construction shall be permitted within the planned Northridge Drive (Highway 2A) right-of-way.

Amending Bylaw: 10-86 Municipal Address: 126 ELIZABETH STREET Legal: Lots 19 & 20, Block F, Plan 1420L (a)

The listed uses and development and parking regulations of the Central Business District shall be used as a guide when considering a development permit on this site; and

(b)

neither expansion of the existing building nor new construction shall be permitted within the planned Northridge Drive (Highway 2A) right-of-way.

Amending Bylaw: 6-87 Municipal Address: 144 CRESCENT ROAD Legal: Lots 38, Block 4, Plan 1420L (a)

The listed uses and development and parking regulations of the Central Business District shall be used as a guide when considering a development permit on this site; and

(b)

neither expansion of the existing building nor new construction shall be permitted within the planned Northridge Drive (Highway 2A) right-of-way.

Amending Bylaw: 12-88 Municipal Address: 101 CENTRE COURT Legal: Block 35, Plan 8910758 (a)

The site shall be used for a Senior Citizen’s Home;

(b)

the development and parking regulations of the Public Service District shall be used as a guide when considering a development permit on this site; and

(c)

no development permit shall be approved unless a report satisfactory to Council and to the Town Engineer clearly demonstrates that the proposed development is of a design, type, and appearance and is so located with respect to the defined escarpment that the visual aspects and soil stability are not impaired and that public access to the escarpment land is retained.

Page | 161


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.5

Amending Bylaw: 12-90 Municipal Address: 102 CENTRE COURT Legal: Units 1-70, Plan 9110368

29.5.6

9.5.7

29.5.8

Okotoks Land Use Bylaw

(a)

The site shall be used for an Apartment;

(b)

the development and parking regulations of the Residential Medium Density Multi-Unit District shall be used as a guide when considering a development permit on this site; and

(c)

no development permit shall be approved unless a report satisfactory to Council and to the Town Engineer clearly demonstrates that the proposed development is of a design, type, and appearance and is so located with respect to the defined escarpment that the visual aspects and soil stability are not impaired and that public access to the escarpment land is retained.

Amending Bylaw: 13-90 Municipal Address: 149 ELIZABETH STREET Legal: Lots 25 to 37 inclusive, Block F, Plan 1420L (a)

The site shall be used for a Car and Truck Washing Establishment; and

(b)

the development and parking regulations of the Highway Commercial District shall be used as a guide when considering a development permit on this site.

Amending Bylaw: 32-91 Municipal Address: 9 SANDSTONE GATE Legal: Lot 39, Block 4, Plan 9311896 (a)

The site shall be used as a Retail Store and Gas Bar; and

(b)

the development and parking regulations of the Shopping Center Commercial District shall be used as a guide when considering a development permit on this site.

Amending Bylaw: 14-92 Municipal Address: 8 BANISTER GATE Legal: Lot 48, Block 2, Plan 9511444 (a)

The site shall be used for commercial establishments that rely primarily on patronage from surrounding neighborhoods;

(b)

the applicant shall provide a parking analysis prepared by a qualified professional demonstrating that the parking proposed with any development is adequate for the proposed use; and

(c)

the development and parking regulations of the Shopping Center Commercial District land use regulations shall be used as a guide when considering a development permit on this site.

Page | 162


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.9

Amending Bylaw: 11-93 Municipal Address: 100 MILLIGAN DRIVE Legal: Lot 87, Block 5, Plan 7910629

29.5.10

29.5.11

Okotoks Land Use Bylaw

(a)

The site shall be used for commercial establishments that rely primarily on patronage from surrounding neighborhoods;

(b)

the development and parking regulations of the Shopping Center Commercial District and shall be used as a guide when considering a development permit on this site; and

(c)

all development on the site shall be sensitive to surrounding residential properties.

Amending Bylaw: 23-93 Municipal Address: SOUTH RAILWAY STREET Legal: Various (See Railway Area Analysis and Policy Report) (a)

All development shall be consistent with the Railway Area Analysis and Policy Report;

(b)

The listed uses for Lot 2, Plan 931 0993 (144 South Railway Street) are: Auto Body and Paint Shop Storage Yard Storage Yard – Mini Storage In the event that a new land use is proposed for the site, the development shall be consistent with the Railway Area Analysis and Policy Report; and (33-00)

(c)

the development and parking regulations of the Residential Mixed Dwelling and Heritage Mixed Use Districts shall be used as a guide when considering a development permit on a site.

Amending Bylaw: 8-94 Municipal Address: 134 ELIZABETH STREET Legal: The east half of Lot 17 and Lot 18, Block F, Plan 1420L (a)

The listed uses and development and parking regulations of the Central Business District shall be used as a guide when considering a development permit on this site; and

(b)

all development on the site shall be sensitive to surrounding residential properties.

Page | 163


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.12

Amending Bylaw: 21-95 Municipal Address: 59 RIVERSIDE GATE Legal: Block 2 and 3, Plan 9611888 (a)

Block 2 lying north of Riverside Gate shall be used for a Motor Hotel;

(b)

the listed uses and development and parking regulations of the Special Development Commercial District shall be used as a guide when considering a development permit on these sites;

(c)

any development permit application for the site must address the entire site to ensure initial development does not limit the ultimate development potential for the site;

(d)

all development on the site shall be sensitive to surrounding properties; and

(e)

any development permit application shall address in detail the following site specific issues and concerns of Council: (i)

Compatibility with Area Buildings: A number of character buildings with a high architectural design standard exist near the site (Anglican Church, Catholic Church, library, Ginger Tea Room and the Creamery). It is the goal of Council that new development on this site meets or exceeds the high design standard established for these vicinity buildings.

(ii)

Compatibility with Natural Environment: The site lies adjacent to the Sheep River, a major open space and natural amenity corridor within the Town of Okotoks. The developer must demonstrate to Council that the proposed development will be compatible with and enhance the amenities of this natural area.

(iii)

Flood Risk Area: The developer shall demonstrate to Council that this development meets the requirements of the Land Use Bylaw.

(iv)

Traffic Analysis: The Developer must provide a “Traffic Impact Report� with any development permit application.

Okotoks Land Use Bylaw

Page | 164


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.13

Amending Bylaw: 1-80 Municipal Address: 401 CENTRE AVENUE Legal: Pt. Lot 18 and 19-22, Block 9, Plan 843V

29.5.14

29.5.15

Okotoks Land Use Bylaw

(11-13)

(a)

The site shall be used for an Automotive Repair and Service Shop; and

(b)

the development and parking regulations shall be at the discretion of Council.

Amending Bylaw: 47-98 and 26-02 Municipal Address: NORTH RAILWAY STREET Legal: Lots 5, Plan 0011675

(26-02)

(a)

The site shall be used for commercial establishments that rely primarily on patronage from surrounding neighborhoods;

(b)

the applicant shall provide a parking analysis prepared by a qualified professional demonstrating that the parking proposed with any development is adequate for the proposed use; and

(c)

the development regulations of the Shopping Center Commercial District shall be used as a guide when considering a development permit on this site.

Amending Bylaw: 1-80 Municipal Address: 61 RIVERSIDE DRIVE Legal: Lot 1, Plan 8210984 (a)

The site shall be used for a Gas Bar and Convenience Store; and

(b)

the development and parking regulations of the Highway Commercial District shall be used as a guide when considering a development permit on this site.

Page | 165


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.16

Amending Bylaw: 17-00 and 26-07 Municipal Address: 40 RIVERSIDE WAY and 71 RIVERSIDE DRIVE Legal: Units 1, 2, and 3, Plan 041 1398 AND Lot 3, Block B, Plan 1227J

Okotoks Land Use Bylaw

(a)

the development Regulations of the Special Development Commercial District (C-SD) and Residential-Mixed Dwelling District (R-MD) shall be used as a guide when considering a development permit on these sites;

(b)

the following are the Discretionary Uses and parking requirements for these sites: Minimum Parking Requirement Use (1.5 spaces/dwelling) Apartments (1 space per 25m²) Business Support Services (1 space per 25m²) Child Care Facilities (1 space per 25m²) Drinking Establishments (1 space per 25m²) Eating Establishments (1 space per 25m²) Entertainment Establishments (1 space per 25m²) Financial Institutions (1 space per 25m²) Household Service Shops (1 space per 25m²) Medical Clinics (1 space per 25m²) Offices (1 space per 25m²) Recreation Facilities-Private (1 space per 25m²) Retail Stores

(c)

notwithstanding Section 29.5.16 (b) Drinking Establishments shall not be considered in a building proposed to contain dwelling units;

(d)

maximum Gross Floor Area for Eating Establishments in a building proposed to contain dwelling units: 170 m2 (1,829.92 sq. ft);

(e)

where a Drinking Establishment or Eating Establishment is proposed, the Development Authority may require submission of a Parking Impact Statement prepared by a qualified engineer. Parking shall be provided to the satisfaction of the Development Authority at the time of application for a development permit;

(f)

the site shall be comprehensively designed as a multi-building mixed use development where the design and finish materials of all buildings within the development are complementary;

(g)

the existing ‘historical’ willow tree be maintained in accordance with the Tree Valuation dated August, 2001;

(h)

residential and commercial development are permitted to coexist on the same floor provided that commercial access doors do not access internal residential hallways; and

(i)

an application for a development permit on this site shall be subject to approval by the Municipal Planning Commission only and no further public hearings are required prior to issuance of a development permit.

Page | 166


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.17

Amending Bylaw: 22-00 Legal: Portions of SE¼ 33-20-29-4 and SW¼ 34-20-29-4

29.5.18

Okotoks Land Use Bylaw

(a)

the site within SE¼ 33-20-29-4 shall be used as private recreational open space which may be developed in the form of a lake;

(b)

the site within SW¼ 34-20-29-4 shall be used as a private recreational open space which may be developed in the form of a golf course;

(c)

the applicant shall provide a parking analysis for each private recreational amenity prepared by a qualified professional demonstrating that the parking proposed within any development is adequate for the proposed use;

(d)

no development permit shall be approved unless a report satisfactory to Council and Administration clearly demonstrates that the proposed development is of a design, type, and appearance and is so located with respect to the defined private recreational open space as to be consistent with the adjoining residential areas; and

(e)

prior to the development of either the private recreational open space with possible lake or the golf course, the developer(s) shall provide a study prepared by a qualified professional engineer which: (i)

verifies that a viable water source is committed to fill a lake and maintain water levels for the long term; and also

(ii)

verifies that a viable water source is committed to support construction and maintenance of a golf course facility.

Amending Bylaw: 35-00 Municipal Address: 51 RIVERSIDE DRIVE Legal: Portions of E½ 29-20-29-4 (a)

the site may be developed with any uses listed in the Special Development Commercial District (C-SD);

(b)

the parking requirement for Eating Establishments, Entertainment Establishments, Financial Institutions, Medical Clinics, Offices, Household Service Shops, Recreation Facilities - Private, Retail Stores, Business Support Services, and Drinking Establishments is 1space/17m2. The parking requirement for drive through windows, accessory uses, bowling alleys, motels, hotels and theaters shall be as specified in Section 9.3.4 [Parking Requirements]; and

(c)

the development regulations of the Special Development Commercial District (C-SD) shall be used as a guide when considering a development permit on this site.

Page | 167


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.19

Amending Bylaw: 2-01 Municipal Address: SHEEP RIVER COVE Legal: Portion of Section 30-20-29-4

Okotoks Land Use Bylaw

DELETED AS PER BYLAW 11-11

Page | 168


SECTION 29

DIRECT CONTROL DISTRICT (DC) 29.5.20 Amending Bylaw: 4-02 and 1-01 Municipal Address: CIMARRON (WEST SITE) Legal: Lot 1, Block 22, Plan 0213879

29.5.21

Okotoks Land Use Bylaw

(a)

the site shall be used as a medical facility;

(b)

the applicant shall provide a parking analysis for the facility prepared by a qualified professional demonstrating that the parking proposed is adequate for the intended use;

(c)

the development regulations of the Public Service District (PS) shall be used as a guide when considering a development permit on this site; and

(d)

an application for a development permit on this site shall be subject to approval by the Municipal Planning Commission only and no further public hearings are required prior to issuance of a development permit.

(e)

Where a parking impact study is provided in support of a Development Permit application, the Municipal Planning Commission may consider a reduced minimum parking requirement that is appropriate to the (24-02) particular location and design of the project.

Amending Bylaw: 4-02 and 1-01 Municipal Address: CIMARRON (EAST SITE) Legal: Lot 1, Block 22, Plan 0213879 (a)

the site shall be used as a multi-unit housing in the form of apartments and/or attached housing;

(b)

for residential housing in the form of a seniors’ assisted living complex, the development and parking regulations of the Public Service District (PS) shall be used as a guide when considering a development permit on this site;

(c)

for residential housing other than a seniors’ assisted living complex, the development and parking regulations of the Residential Medium Density Multi-unit District (R-3) shall be used as a guide when considering a development permit on this site;

(d)

an application for a development permit on this site shall be subject to approval by the Municipal Planning Commission only and no further public hearings are required prior to issuance of a development permit; and

(e)

Where a parking impact study is provided in support of a Development Permit application, the Municipal Planning Commission may consider a reduced minimum parking requirement that is appropriate to the particular location and design of the project.

Page | 169


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.22

Amending Bylaw: 3-03 Municipal Address: 100 STOCKTON AVENUE Legal: Lot 1, Block 4, Plan 8010201

Okotoks Land Use Bylaw

(a)

the existing principal building and portion of the site fronting onto North Railway Street (shown as “Area A” on the sketch map below and referred to as such in successive clauses within Section 29.5.22), including associated parking and landscaping areas, shall continue to operate and be developed with uses listed in the Business Industrial District (I-1) in accordance with Section 29.2.4;

(b)

the balance of the site to the east (rear) of the principal building (shown as “Area B” on the sketch map above and referred to as such in successive clauses within Section 29.5.22) may be developed with uses listed in the General Industrial District (I-2) in accordance with Section 29.2.4;

(c)

the permitted and discretionary uses listed in the Business Industrial District (I-1) are considered the listed uses for Area A in accordance with Section 29.2.4;

(d)

the permitted and discretionary uses listed in the General Industrial District (I-2) are considered the listed uses for Area B in accordance with Section 29.2.4;

(e)

the additional use of Garden Centers and associated parking requirements shall be considered a listed use in Area B in accordance with Section 29.2.4;

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SECTION 29

DIRECT CONTROL DISTRICT (DC) (f)

the development and parking guidelines of the Business Industrial District (I-1) shall be used as a guideline when considering a development permit for Area A;

(g)

the development and parking guidelines of the General Industrial District (I-2) shall be used as a guideline when considering a development permit for Area B;

(h)

the site shall be comprehensively designed as a multi-building industrial development. As such, a conceptual site plan shall be submitted for review and approval by the Development Authority prior to individual applications for development permits being considered for the site;

(i)

an application for a development permit on this site shall be subject to approval by the Municipal Planning Commission only and no further public hearings are required prior to issuance of a development permit;

(j)

in accordance with Section 29.4.1, a development permit is not required for a change of use in the existing principal building (Area A) or any future permanent buildings in either Area A or Area B, provided:

(k)

29.5.23

Okotoks Land Use Bylaw

(i)

the proposed use is a permitted use in the district;

(ii)

any additional parking requirements already have been met on the site; and

(iii)

there are no outstanding development requirements on the site;

in the event that an application is made for further subdivision of Lot 1, Block 4, Plan 8010201, land use redesignation to the appropriate district(s) shall be required for the plan area prior to consideration of the tentative subdivision plan.

Amending Bylaw: 4-03 Municipal Address: 192 AND 196 ELMA STREET Legal: Units 1-4, Plan 8010715 and Lot 1, Block 1, Plan 1143LK (a)

the existing principal building on each site may remain and continue to be used as a four-plex building;

(b)

in the event of damage or total destruction of the existing principal building on either site, that building may be repaired or reconstructed in accordance with all provisions of the Land Use Bylaw, but it can be reconstructed to its original dimensions only, and may be used only as attached housing containing no more than four dwelling units; and

(c)

if redevelopment is proposed that involves removing or demolishing the existing building on either site, that site can only be redeveloped with a single detached dwelling in accordance with the uses and requirements of the Residential Single Detached (R-1) District.

Page | 171


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.24

Amending Bylaw: 13-05 Municipal Address: 31 SOUTHRIDGE DRIVE Legal: Portion of Lot 5, Block 3, Plan 0510984 containing ±0.33 ha (±0.82 ac.) (a)

Car Washing Establishments, Convenience Stores and Gas Bars are the discretionary uses for this site, and the following parking requirements shall be considered when reviewing Development proposals for the subject land: 2 (1 space/46m + 3 stacking Car Washing Establishment Convenience Stores Gas Bars

29.5.25

(b)

the development regulations of the Shopping Centre Commercial District (C-SC) shall be used as a guide when considering a development permit for the site;

(c)

an application for a development permit on this site shall be consistent with the approved Concept Plan for the Centennial Village Commercial Centre; and

(d)

an application for a development permit on this site shall be subject to approval by the Municipal Planning Commission only and no further public hearings are required prior to issuance of a development permit.

Amending Bylaw: 11-06 Legal: Portion of SW ¼ Sec. 27-20-29-4 (Lot 3, Block 1, Plan 081 0603 – former Nexen Upper Terrace ) containing ±0.23.080 ha. (±57.03 ac) (a)

29.5.26

Okotoks Land Use Bylaw

spaces/entrance) 2 (1 space/17m ) 2 (1 space/46m + 3 stacking spaces/pump)

the subject lands may not be used for any purpose other than for Public Open Space.

Amending Bylaw: 12-06 Municipal Address: 14 CRYSTALRIDGE DRIVE Legal: Plan 9711865, Block A, Lot 10, Plan 9710533, Block A, Lot 7, Plan 0514226, Units 12-14, Plan 0512921, Units 9-10, Plan 0510075, Unit 7, Plan 0411067, Unit 3-4, 6, Plan 0313082, Unit 2 (a)

the permitted and discretionary uses listed in the Business Industrial District (I-1) are considered the listed uses in accordance with Section 29.2.4;

(b)

an application for a development permit on this site shall be subject to the approval by the Municipal Planning Commission only and no further public hearings are required prior to issuance of a development permit.

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SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.27

Amending Bylaw: 14-06 Municipal Address: 41 PATTERSON ROAD Legal: Lot 11, Block 9, Plan 3671JK

29.5.28

Okotoks Land Use Bylaw

(a)

the existing principal building may remain and continue to be used as an 8-suite apartment building;

(b)

in the event of damage or total destruction of the existing principal building, that building may be repaired or reconstructed, but it can be reconstructed to its original dimensions only, and may be used only as an apartment building containing no more than 8 dwelling units;

(c)

if redevelopment is proposed that involves removing or demolishing the existing building, the site can only be redeveloped with a single detached dwelling in accordance with the uses and requirements of the Residential Single Detached District (R-1);

(d)

an application for a development permit on this site shall be subject to the approval by the Municipal Planning Commission only and no further public hearings are required prior to issuance of a development permit; and

(e)

as the existing 8-suite apartment building does not conform to the R-1 zoning of the surrounding area, this site is not intended or suitable for conversion to a condominium building. As such, the Town would not support any application or proposal for condominium conversion of the 8suite apartment building at 41 Patterson Road.

Amending Bylaw: 18-06 Municipal Address: 26 CRYSTALRIDGE DRIVE Legal: Plan 9913125, Block A, Lot 10 (a)

the permitted and discretionary uses listed in the Business Industrial District (I-1) are considered the listed uses in accordance with Section 29.2.4;

(b)

an application for a development permit on this site shall be subject to the approval by the Municipal Planning Commission only and no further public hearings are required prior to issuance of a development permit.

Page | 173


SECTION 29

DIRECT CONTROL DISTRICT (DC)

29.5.29

Amending Bylaw: 14-07 Municipal Address: 119 DRAKE LANDING LOOP Legal: Lot 33, Block 19, Plan 091 5774 - 0.126 ha (0.311 ac.)

29.5.30

Okotoks Land Use Bylaw

(a)

the site shall be used for Child Care Facilities in accordance with Section 29.2.4 and the parking requirement for Child Care Facilities shall be a minimum of 1 space/employee;

(b)

Dwelling Accommodations may be considered as an accessory use and the parking requirement for Dwelling Accommodations shall be a minimum of 2 spaces;

(c)

Dwelling Accommodations shall occupy no greater than 50% of the building floor area;

(d)

the development regulations of the Residential - Small Lot Detached District (R-1S) shall be used as a guide when considering a development permit on the site;

(e)

the number of loading/ unloading parking spaces shall be determined at the development permit stage and at the discretion of the development authority;

(f)

one freestanding sign may be considered and shall comply with Section 10.6.6(e);

(g)

the development must comply with all Provincial regulations in place for Child Care facilities; and

(h)

an application for a development permit on this site shall be subject to the approval by the Municipal Planning Commission only and no further public hearings are required prior to issuance of a development permit.

Amending Bylaw: 23-11 Municipal Address: 98 ELIZABETH STREET Legal: Lots 21 and 22, Block B, Plan 4563I (a)

the permitted and discretionary uses listed in the Central Business Commercial District (C-CB) are considered the listed uses in accordance with Section 29.2.4;

(b)

the additional use of Cat Boarding shall be considered as a listed use in accordance with Section 29.2.4;

(c)

Cat Boarding means: i. any premises where only cats are maintained, boarded, trained or cared for indoors in return for remuneration or kept for purposes of sale; ii. cats must remain indoors at all times; iii. pet grooming, offices, and retail sales associated with the principal use are allowed;

Page | 174


SECTION 29

DIRECT CONTROL DISTRICT (DC) iv. v.

this use does not include kennels, pet care services, or veterinarian clinics; and minimum parking requirement for this use is 1 space/37m2

(d)

any requirement on this site must conform to the general requirements of the Central Business Commercial District (C-CB); and

(e)

an application for a development permit on this site is subject to approval by the Municipal Planning Commission only and no further public hearings are required prior to the issuance of a development permit.

Appendix 1 [Land Use Map] is amended by redesignating Lots 21 and 22, Block B, Plan 4563I within E ½ 30-20-29-W4M from Central Business Commercial District (C-CB) to Direct Control District (DC) as shown on the sketch map below:

Okotoks Land Use Bylaw

Page | 175


SECTION 29

Okotoks Land Use Bylaw

DIRECT CONTROL DISTRICT (DC)

Page | 176


SECTION 29A

AERODROME DISTRICT (AD)

29A.1.0

PURPOSE AND INTENT

29A.1.1

The purpose and intent of this district is to provide for the movement of aircraft, and other facilities directly related to aviation.

29A.2.0

LIST OF PERMITTED AND DISCRETIONARY USES

29A.2.1

Permitted Uses Air Traffic Control Aircraft refueling, provisioning and maintenance facilities Aerodrome maintenance and operations Hangars Aprons, runways and taxiways Private Parks Utility Buildings

29A.2.2

Minimum Parking Required 2

(1 space/37 m ) 2 (1 space/37 m ) 2

(1 space/37 m ) 2 (1 space/230 m ) (none) (discretion of development authority) (discretion of development authority) (31-04)

Discretionary Uses Aerodrome Service Shops Commercial Schools Drinking Establishments Eating Establishments Entertainment Establishments Offices Recreation Facilities – Private

2

(1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m ) 2 (1 space/37 m )

29A.3.0

GENERAL REQUIREMENTS

29A.3.1

In addition to the general land use provisions contained in Section 9, the following provisions as contained within this Section shall apply to every development in this district.

29A.4.0

MINIMUM REQUIREMENTS

29A.4.1

Front Yard: 6m (19.69 ft.)

29A.4.2

Side Yards: (a)

street side of a corner site: 6m (19.69 ft.)

(b)

laneless sites: one unobstructed 6m (19.69 ft.) side yard

(c)

all other: none unless required pursuant to provincial regulation

29A.4.3

Rear Yard: 6m (19.69 ft.)

29A.4.4

Landscaping: the boulevard and 10% of the site

Okotoks Land Use Bylaw

Page | 177


SECTION 29A

AERODROME DISTRICT (AD)

29A.5.0

MAXIMUM LIMITS

29A.5.1

Height of Buildings and Structures:

29A.6.0

(a)

as per Chapter 4 of Transport Canada Aerodrome Standards and Recommended Practices, or the following, whichever is less

(b)

buildings: 3 stories

(c)

other structures: at the discretion of the Development Authority

HEIGHT LIMITATIONS No point of a development may exceed the height of any of the following surfaces:

29A.7.0

Okotoks Land Use Bylaw

(a)

the take-off/approach surfaces;

(b)

the transitional surfaces; or

(c)

the outer surface.

LAND USE CONDITIONS (a)

Construction shall conform to the exterior acoustic insulation requirements of the Alberta Building Code, 1997 for those sites that lie within the NEF 25 or greater contours.

(b)

A caveat or similar device shall be registered against all sites within the NEF 25 or greater contours notifying the landowner of aircraft noise associated with aerodrome operations.

Page | 178


SECTION 29A FIGURE 1

AERODROME DISTRICT (AD)

OKOTOKS AERODROME OPERATIONAL DIMENSIONS

Okotoks Land Use Bylaw

Page | 179


SECTION 29A FIGURE 2

AERODROME DISTRICT (AD)

OKOTOKS AERODROME APPROXIMATE NOISE EXPOSURE FORCASTS MAP

Okotoks Land Use Bylaw

Page | 180


SECTION 29A FIGURE 3

AERODROME DISTRICT (AD)

OKOTOKS AERODROME HEIGHT LIMITATION MAP

Okotoks Land Use Bylaw

Page | 181


Okotoks Land Use Bylaw

Page | 182


SECTION 30

INTERPRETATION

30.1.0

In this Bylaw, and any amendments made hereto, unless the content otherwise requires, the interpretation set out in the following subsections shall be used. When no interpretation is provided, Webster’s Third New International Dictionary, unabridged version, shall be used.

“accessory building” means a building or structure which is separate from the principal building on the same site, and the use of which is normally incidental, subordinate, and exclusively devoted to the principal use on the same site. Except as provided for in the R-1N, R-1, R-1E, R-1AR and R-1St Districts, an accessory building erected on a site in a residential district shall not be used as a dwelling. Typical buildings include antennae, satellite dishes, private tennis courts, private swimming pools, private hot tubs, water features, private garages, studio suites and private greenhouses. (9-00) “accessory commercial establishment” means a development that is accessory to the principal residential use on a site and may, subject to the maximum floor space requirements of the district, be used for a small scale eating establishment, household service shop, office or retail store. (4-01) “accessory use” means a use on a site which is normally incidental and subordinate to the main use on the same site. “Act” means the Municipal Government Act 2000 RSA, as amended, and any parallel or successor legislation. “aerodrome“ means the existing Okotoks runway and other facilities directly related to aviation.

(33-99)

“aerodrome basic strip“ means the rectangular area measured 60m out from each end of the runway, 30m on each side of the center line of the runway and with a total length of 1042m (Figure 1). (33-99) “aerodrome maintenance and operations“ means facilities and improvements used exclusively to sustain safe operation and upkeep of the aerodrome complex. (33-99) “aerodrome protection area“ means the area within the Town of Okotoks comprising the SE¼ 34-20-294 and the NE¼ 27-20-29-4. (33-99) “aerodrome runway“ means the area of land within the aerodrome that is used or intended to be used for the take-off and landing of aircraft (identified by Transport Canada as Runway 16-34). (33-99) “aerodrome service shops“ means facilities used for the provision of service associated with small aircraft. Typical uses include flight training classes, aircraft maintenance shops and light aircraft assembly shops, and may include accessory retail sales. (33-99) “aerodrome zoning reference point elevation“ means the elevation used to establish the height of the outer surface and for the purpose of this Bylaw is deemed to be 1096.0m at the north end of the aerodrome basic strip and 1081.0m at the south end of the aerodrome basic strip. (33-99) “agricultural related business” means a development used for the retail sale, repair and maintenance of new or used agricultural equipment or other agricultural supply businesses. “air traffic control“ means facilities, improvements and mechanisms used for regular inspection, repair, maintenance, loading, unloading, fuelling, and tie –down of aircraft. (33-99) “aircraft refueling, provisioning and maintenance facilities“ means sites used for regular inspection, repair, maintenance, loading, unloading, fuelling and tie-down of aircraft. (33-99) “amenity spaces” means an area comprised of on-site, common or private space, designed for active or passive recreation. Okotoks Land Use Bylaw

Page | 183


SECTION 30

INTERPRETATION

“amusement arcade” means a facility where four or more mechanical or electronic games are kept for the purpose of providing entertainment or amusement to the public for a fee. “antenna” means a structure other than a satellite dish which serves to receive and/or transmit communication signals from the air. “apartment” means a building designed and built to contain three or more dwelling units with shared services, facilities and outside entrances. Each dwelling may allow for accommodation to be offered to up to two boarders, however, except as otherwise allowed in this Bylaw, is used for no other purpose. “aprons, runways and taxiways“ means surface improvements used exclusively for safe movement of aircraft on the ground. (33-99) “arterial” means a public thoroughfare designed to serve as a major traffic route that moves large volumes of vehicles to connect with major highways and commercial areas and are designated as such in the Okotoks Transportation Study. “attached garage” means a structure or portion of a structure that is attached to the principal building, or is located less than 1.5m (4.92 ft.) from the principal building. For the purpose of calculating yard setbacks and site coverage requirements, an attached garage is deemed to be part of the principal building. “attached housing” means a building designed and built to contain three or more dwelling units separated from each other by a fire-wall with each unit having separate entrances from grade level. This use class includes Garden, Linked, Row, and Townhouse units. Each dwelling may allow for accommodation to be offered to up to two boarders; however, except as otherwise allowed in this Bylaw, is used for no other purpose. “auction room” means a development intended for the auctioning of goods and equipment, including temporary indoor storage of such goods and equipment. “auto body and paint shop” means a facility where the bodies, but not other parts, of motor vehicles are repaired and where motor vehicle bodies and other metal machine components or articles may be painted. “automobile dealership” means a development used for the retail sale or lease of new or used automobiles and/or recreation vehicles together with incidental repair and maintenance services and sales of parts. (29-07) “automotive repair and service shop” means a development used for the servicing and mechanical repair of automobiles, motorcycles, snowmobiles and similar vehicles or the sale, installation or servicing of related accessories and parts. This use class includes, among other uses, transmission shops, muffler shops, tire shops, automotive glass shops, and upholstery shops. This use class does not include autobody and paint shops. “awning” means a cloth-like or lightweight metal shelter projecting from a building and is considered part of the building to which it is attached. “balcony” means an elevated platform projecting from a wall with no support from the ground, having an outer railing or parapet and being greater than 610 mm (2.00 ft.) in width. “bay” means a self-contained unit of part of a commercial or industrial building which can be sold, or leased for individual occupancy.

Okotoks Land Use Bylaw

Page | 184


SECTION 30

INTERPRETATION

“basement” means that portion of a building which is wholly or partly underground and has not more than one half of its height from finished floor to finished ceiling above finished grade. “bed and breakfast accommodation” means an accessory use carried on within an owner-occupied dwelling unit where temporary accommodation is provided for remuneration. The price of one meal per day is included in the stated price. Rented rooms shall not contain cooking facilities. Occupancy shall be for a period of less than seven days. “bingo establishment” means the use of a building or room, which has a capacity to accommodate more that 100 persons at any time or times, for the holding of bingo games. “board” means the Subdivision and Development Appeal Board constituted pursuant to Bylaw of the Town of Okotoks, as amended. “boarder” means an individual who resides with a family who are not members of the immediate family and where the boarder obtains, for remuneration, sleeping accommodation with or without meals. “bowling alley” means a facility specifically designed to be used for bowling. “buffer” means a row of trees, shrubs, earth berm, a grassed separation or fencing to provide screening and separation between sites and districts. “building” includes any structure constructed or placed on, in, over, or under land but does not include a highway or public road or a bridge that forms part of a highway or public road. “building height” means the vertical distance between grade and the highest point of a building or the number of stories and excluding a roof stairway entrance, elevator shaft, a ventilating fan, a skylight, an antenna, a steeple, a chimney, a smoke stack, a fire-wall or a parapet wall, a flagpole, or similar devices not structurally essential to the building. “Building Inspection Report” means a report prepared by a qualified Structural Engineer in support of a development permit application addressing, as a minimum, the following: (a)

the conformity of the building to provincial regulations and codes; and

(b)

in the case of a structure proposed to be moved, the suitability of the structure for moving.

“building permit” means a certificate or document issued by the Safety Codes Officer pursuant to provincial legislation authorizing commencement of construction. “building supply center” means a commercial retail store where building materials, household accessories and other related goods are stored, offered, or kept for sale and may include outside storage. “bulk fuel storage and distribution facility” means a development for the purpose of storing natural gas and petroleum products for distribution to customers. “business support service” means a use which provides support services to businesses which are characterized by one or more of the following features: (a)

the use of mechanical equipment for printing, duplicating, binding or photographic processing;

(b)

computer and communications related services;

Okotoks Land Use Bylaw

Page | 185


SECTION 30

INTERPRETATION (c)

the provision of office security or cleaning services; and

(d)

the repair or servicing of office equipment and machines.

Typical uses include printing establishments, film processing establishments, janitorial firms and business equipment repair shops. (29-07) “canopy” means a non-retractable solid projection extending from the wall of the building intended to be used as protection against weather, other than normal architectural features such as lintels, sills, moldings, architraves and pediments, but includes the structure known as the theater marquee and is to be considered part of the principal building and is considered part of the building to which it is attached. “car washing establishment” means a facility for the washing, cleaning, or polishing of motor vehicles. “Certificate of Compliance” means a document signed by the Development Authority, certifying that a development complies with this Bylaw with respect to yard requirements and insofar as represented on an Alberta Land Surveyors’ Real Property Report. “change of use” means the conversion of land or building, or portion thereof from one land use activity to another in accordance with the permitted or discretionary uses as listed in each land use district. “child care facilities” means those facilities used for the temporary supervision, care or instruction of seven (7) or more children by an individual other than the child’s parent or guardian in accordance with the Child Care Licensing Act, SA 2007. This use includes but is not limited to day care, out of school care and pre-schools. (14-12) “collector street” means a public thoroughfare designed to conduct traffic from local streets and cul-desacs to arterial streets and designated as such in the Okotoks Transportation Study. Controlled access to adjacent properties may be allowed. “commercial school” means a public or private facility used for training and instruction in a specific trade, skill, or service. This use class does not include public, private and separate schools used for the education of grade school students. Typical uses include but are not limited to trades, beauty culture, business, dancing, hairdressing, music, or secretarial schools. “community baseball diamond” means a permanent facility for the playing of baseball or softball and related training facility in accordance with the official requirements for such sports with associated seating and refreshment facilities for players and spectators, lighting and parking as required and any other reasonable features necessarily related to the operation of a community baseball diamond, provided that such facility not contain and overnight accommodation. (11-06) “community buildings and facility” means buildings and facilities which are available for the use and enjoyment of area residents for the purposes of assembly, culture and recreational activity. This use category does not include religious institutions. “convenience store” means a development used for the retail sale of those goods required by area 2 residents or employees on a day-to-day basis, from business premises which do not exceed 186 m (2,002.15 sq. ft.) in gross floor area. Typical uses include small food stores and variety stores selling confectionery, tobacco, grocery, non-alcoholic beverage, pharmaceutical and personal care items, hardware, or printed matter. “corner” means the intersection of the side and front or rear property lines.

Okotoks Land Use Bylaw

Page | 186


SECTION 30

INTERPRETATION

“corner site” means a site when the front and a side property line abut one or more street(s). “Council” means the Municipal Council of the Town of Okotoks. “coverage” means the combined area of all buildings or structures on a site, including accessory buildings, decks and balconies and other structures, that have a height of 305 mm (1 ft.) or more above the grade but excluding eaves, cornices and other similar projections that have a clearance greater that 2.4 m (7.87 ft.) above grade. "crematorium" means an establishment with one or more cremation chambers used for the reduction of the human body by heat and the keeping of human bodies other than in cemeteries, related funeral services to include the preparation of the dead, arranging and direction of funerals. (11-06) “custodial quarters” means a use accessory to another approved use on a site where living quarters are provided and the occupant performs a custodial or security function that is necessary for the operation of the other approved use on the site. (29-07) “deck” means an unenclosed flat-floored roofless area adjoining a principal building or built as a structural part of it with a floor surface more than 305 mm (1 ft.) above grade and is considered part of the building to which it is attached. “density” means the number of dwelling units on a hectare (acre) of land and includes all lands within the site. “development” means: (a)

an excavation or stockpile of soil and the creation of either of them; or

(b)

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

(c)

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

(d)

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

“Development Authority” means a development authority as provided for in the Act. “development permit” means a document issued by a Development Authority pursuant to this Bylaw, authorizing a development and includes the plans and conditions of approval. A sign permit issued under this bylaw is a development permit. “Development Phasing Plan” means a comprehensive plan drawn to scale showing the boundaries of the site, the location of all existing and proposed buildings upon that site, and the use or the intended use of the portions of the site on which no buildings are situated. A Development Phasing Plan shall address building compatibilities, site layout including setbacks and possible subdivisions, landscaping, parking, access, continuity of pedestrian and vehicular circulation, signage, fencing, screening if necessary, storm drainage and suggested colors and building materials. “direct glare” means intense light causing visual discomfort, annoyance, or loss of visual performance or visibility to an observer situated outside of the originating property. Direct glare is not necessarily due to seeing the effect of the light but due to seeing the light source of an unshielded fixture. (53-98) Okotoks Land Use Bylaw

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“discretionary use” means a use of land or of a building which is listed as a “Discretionary Uses” in a district in the Bylaw. An application for a discretionary use may, subject to the provisions of this Bylaw, be approved with or without conditions by the development authority. “drinking establishment” means an establishment licensed pursuant to provincial legislation where alcoholic beverages are served for consumption on the premises. “drive-in food service” means a development where food is prepared and served for sale to the public through a drive through window and where food is primarily intended to be consumed off-site. This use may be an accessory use to an eating establishment. “dry cleaning and fabric care plants” means a use where clothes, fabrics or rugs are cleaned in a facility that has a gross floor area larger than 150m2 This use class does not include dry cleaning (29-07) establishments with 150 m2 of floor space or less. “duplex-side by side” means a building containing two side by side dwelling units separated by a fire wall. Each dwelling may allow for accommodation to be offered to up to two boarders, however, except as otherwise allowed in this Bylaw, is used for no other purpose. “duplex-up and down” means a building containing two dwelling units, one above the other, each with a separate entrance from grade level. Each dwelling may allow for accommodation to be offered to up to two boarders; however, except as otherwise allowed in this Bylaw, is used for no other purpose. “dwelling accommodation” means one or more dwelling units in a building or on a site which also contains non-residential uses. “dwelling group” means two or more buildings each containing two or more dwelling units, located on a site or a number of adjoining sites where all buildings, recreation areas, vehicular areas, landscaping, and all other features have been planned as an integrated development. “dwelling unit” means two or more rooms designed to be used as a residence for a household and containing kitchen, living, sleeping and sanitary facilities. “easement” means a documented and registered interest, held by one party in land owned by another party, which entitles the holder to specific limited use of the land. “eating establishment” means an establishment where food is prepared and served on the premises for sale to the public and includes restaurants, delicatessens, cafeterias, and tea rooms and may include including outdoor seating areas but excludes drive-in food services. For purposes of clarification, the service of alcoholic beverages is classified under the separate use class of “drinking establishment”. “entertainment establishment” means a facility where entertainment is provided to the public, either exclusively or in combination with other activities and may, without restricting the generality of the foregoing, include a teletheatre betting establishment but does not include an amusement arcade, bingo establishment, eating establishment, drinking establishment or theater. “escarpment” means a continuous steep-sloped feature, including associated ravines, gullies, coulees, side draws and similar related natural elements, which has a slope of 15% or greater. “escarpment - top and toe of” means the points at the top and toe on an escarpment where grades transition from the escarpment slope to surrounding terrain and is determined by the municipality through site inspection. “existing” means existing as of the date of adoption of this Bylaw.

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INTERPRETATION

“extensive agriculture” means systems of tillage and animal husbandry through which one may gain livelihood from large areas of land by the raising of crops or the rearing of livestock either separately or in conjunction with one another in unified operations and includes buildings and other structures incidental to the operation. “family day home” means a private residence used for the temporary supervision or care of less than seven (7) children by an individual other than the child’s parent or guardian in accordance with the Child Care Licensing Act, SA 2007. This does not include a Child Care Facility. (14-12) “fence” means a vertical physical barrier constructed out of typical building material to provide visual screening or prevent unauthorized access or both and is considered to be an integral part of an approved use on a site. “fertilizer storage and distribution facility” means a development used to store bulk fertilizer for distribution. This use class does not include the sales of bagged fertilizer in a retail shop. “financial institution” means a bank, trust company, credit union, or similar establishment. “first story” means the story with its floor closest to grade and having its ceiling more than 2m (6.56 ft.) above finished grade. "flea market" means an occasional or periodic sales activity held within an open area, building, shed or other structure where groups or individual sellers offer new and used goods, crafts or produce for sale directly to the public, but does not include a retail store, a shopping centre or a farmers market. (11-06) “flood fringe” means those lands abutting the flood way, the boundaries of which are indicated on the Flood Risk Map, that would be inundated by flood waters of a magnitude likely to occur once in one hundred years. “flood level” means the elevation to which flood water would rise from the Sheep River of a magnitude likely to occur once in one hundred years as identified in the Okotoks Flood Risk Mapping Study 1996. “flood risk area” means those lands identified in the Okotoks Flood Risk Mapping Study 1996 that would be inundated by flood waters from the Sheep River of a magnitude likely to occur once in one hundred years. “Flood Risk Area Planning and Geotechnical Report” means a report prepared by a qualified Geotechnical Engineer in support of a development permit application addressing as a minimum the following: (a)

the location of all proposed permanent structures on the site and the proximity of these structures to the flood risk area;

(b)

proposed site alterations necessary to elevate all permanent buildings from the flood risk area;

(c)

acceptable types of fill material which can be used to elevate permanent buildings from the flood risk area;

(d)

the type(s) of foundations, weeping tile and drainage which are required for permanent buildings;

(e)

any erosion protection that will be required to protect the site;

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INTERPRETATION (f)

the impact that proposed site alterations will have on the flood risk area and overall river regime; and

(g)

ongoing mitigative measures required to ensure the flood risk area is not adversely affected by the development.

“flood way” means the river channel and adjoining lands indicated on the Flood Risk Map, that would provide the pathway for flood waters in the event of a flood of a magnitude likely to occur once in one hundred years. “floor area” means the total floor area of all floors of a building above grade measured to the outside surface of the exterior walls or, where buildings are separated by fire-walls, to the center line of the common fire-wall. “front yard” means the yard which extends in width between the side boundaries of a site and in depth from the front boundary of the site to the front yard setback as prescribed in the district and is determined by the majority of sites fronting on a street. With a corner lot, it is determined by the narrowest portion of the lot. With irregularly shaped lots a mean average shall be used to establish the yard. “funeral home” means a development used for the arrangement of funerals, the preparation of the dead for burial or cremation, the holding of funeral services and the carrying out of cremations, where not more than one cremation chamber is provided. “garage” means an accessory building designed and used for storage of motor vehicles and includes a carport. In the R-1N, R-1, R-1E, R-1AR and R-1St Districts, a detached garage may include a studio suite. (9-00) “garden center” means a development providing for the retail sale of bedding, household and ornamental plants, and associated merchandise, and may include display gardens. This use class does not include on-site outdoor cultivation or propagation of plants. “gas bar” means a development used for the sale of gasoline, liquefied petroleum gas, lubrication oils and associated automotive fluids only. “gas bar with accessory convenience store” means a development used for the sale of gasoline, diesel, propane, lubrication oils and associated automotive fluids and may include as an accessory use a Convenience Store, which is defined for the purposes of this use as “a development used for the retail sale of convenience goods (including confectionary, tobacco, grocery, non-alcoholic beverage, pharmaceutical and personal care items, hardware, printed matter, and other similar goods). The Convenience Store area shall have a gross floor area not exceeding 225m2. The total sales area (15-10) included in that area shall not exceed 130m2. “general commercial” means commercial uses which have a high requirement for parking and are typically located in the downtown and industrial areas (C-CB, HMU, C-SD, I-1 and I-2 districts). The requirement for on site parking is generally less than in a suburban commercial area due to availability of on-street parking, lower potential for impact on other land uses and/or the lower traffic potential associated with the area. “grade” means: (a)

Okotoks Land Use Bylaw

in residential districts, the average elevation of the natural or finished level of the ground adjoining a building at all exterior walls; and

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INTERPRETATION (b)

in all other districts, the elevation, established by the Town’s Engineer, of the crown of the abutting street. In the event that two grades are involved, the average of the two shall be used as the grade for the site.

“group home” means a development consisting of the use of a building as a facility which is authorized by a public authority to provide room and board for three residents or more, exclusive of staff or the receiving household, for foster children or disabled persons, or for persons with physical, mental, social or behavioral problems, and which may be for the personal rehabilitation of its residents either through selfhelp or professional care, guidance and supervision. The residential character of the development shall be primary, with the occupants living together as a single housekeeping group and using cooking facilities shared in common. This does not include Extended Medical Treatment Services such as drug and alcohol addiction treatment centers or Correctional Group Homes used as custodial facilities. “habitable floor area” means any finished floor area above ground level intended primarily for human occupancy and meets the Alberta Building Code and the regulations thereunder. “hangar“

means

a

structure

intended

for

the

storage

or

parking

of

small

aircraft. (33-99) “historical site” means a site or a building or both designated to be of historical significance by the Government of Canada, the Government of Alberta, or the Town of Okotoks. “home occupation” means a use of a residential building which is incidental and subordinate to the principal use of the building and meets the special requirements of this Bylaw; and (a)

“home occupation-minor” means a zero or low impact business;

(b)

“home occupation-major” means a moderate impact business.

“hotel” means a building used primarily for sleeping accommodations and ancillary services provided in rooms or suites of rooms which may contain bar/kitchen facilities. The building may or may not offer such additional services as party facilities, restaurant or dining room and lounge services, public convention facilities, and gift and smoke shops, and similar such convenience facilities. For purposes of clarification, the service of alcoholic beverages is classified under the separate use class of “drinking establishments”. This use class includes motor hotels. “household” means: (a)

a person; or

(b)

two or more persons related by blood, marriage, or adoption; or

(c)

a group of not more than five persons who are not related by blood, marriage, or adoption; or

(d)

a combination of (b) and (c), provided that the total of the combination does not exceed five;

all living together as a single housekeeping group and using cooking facilities shared in common. A household may also include bona fide servants. “household service shop” means a development used for the provision of services to a household and includes services to an individual which are related to the care and appearance of the body or the cleaning and repair of personal effects. Typical uses include information providers, catering services, barber shops, beauty parlors, tailors, dressmakers, shoe repair shops, dry cleaning establishments with

Okotoks Land Use Bylaw

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150m2 of floor space or less, laundromats, pet grooming shops, photographic studios, small appliance repair and service shops, and instructional classes and may include accessory retail sales. (29-07) “industrial service shop” means a development used for assembly, fabricating, rental or repairing of goods or products. Typical uses associated with these shops include electrical, heating, metal, plumbing, welding, woodworking, cabinet makers, upholstery, furniture repair, equipment repair, painting, ornamental metal and stone works, equipment rental shops (excluding motor vehicles) and similar uses. Limited product display, retail sales and offices accessory to the principal use may be permitted in this use class. (29-07) “intensity of use” means the degree or scale of operation of the use or activity in relation to the amount of land and buildings associated with the use, the vehicular traffic generation of the use, the amount of parking facilities required for the particular land use activity and other similar factors. “kennel” means any premises on which dogs or cats are maintained, boarded, bred, trained or cared for indoors in return for remuneration or kept for purposes of sale. An outdoor exercise area for use during the day, limited product display, retail sales and offices accessory to the principle use may be permitted in this use class. This use class does not include veterinarian clinics. (29-07) “laboratory” means a facility used for the provision of analytical, research, product development or testing services. This use class does not include health services laboratories where members of the public visit the use, a photography laboratory or photographic processing. (11-06 & 29-07) “landscaped area” means that portion of the site which is required to be landscaped pursuant to the bylaw and a development permit. “landscaping” means the modification and enhancement of a site or development through the use of the following elements: (a)

soft or natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass and other ground cover; or

(b)

hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile and wood and excluding monolithic concrete and asphalt.

“lane” means a public road with a width of not greater than 9m (29.52 ft.) and not less than 6m (19.69 ft.) which provides a secondary means of vehicle access to a site or sites. “live/work detached dwellings” means a development that shall include a detached dwelling unit as the principal use and may contain an accessory commercial establishment. (4-01) “loading space” means a space for parking a commercial vehicle while being loaded or unloaded. “local street” means a public thoroughfare designed to serve as access and providing for utility services to abutting properties. It moves traffic to and from sites to other streets and is not intended to carry through traffic. “lodging house” means a development consisting of a building containing sleeping units, which may be in addition to an existing dwelling, where accommodation is provided for remuneration, with or without meals, to three or more persons, exclusive of the occupant and the immediate family. “low intensity commercial” means commercial uses which have a low requirement for parking and are typically located in suburban commercial and industrial areas (C-HWY, C-SC, I-1 and I-2 districts). The requirement for on site parking is generally less than other commercial uses due to the nature of the business and/or the lower traffic potential associated with the area. Okotoks Land Use Bylaw

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“manufacturing plant” means a development engaged in secondary processing, assembly and packaging where no excessive atmospheric emissions, vibrations and noise are produced or creates an excessive load on municipal utilities. Limited product display, retail sales, offices and instructional classes accessory to the principal use may be permitted in this use class. “medical clinic” means a facility for the provision of human health services without overnight accommodation for patients and may include associated office space. Typical uses include physiotherapy, doctor, dentist and chiropractic offices. “manufactured home” means a factory-built, dwelling unit designed to be transported on its own chassis and wheel system to an acceptable site for year-round habitation. The dwelling may allow for accommodation to be offered to up to two boarders; however, except as otherwise allowed in this Bylaw, is used for no other purpose. “manufactured home community” means a parcel of land under one title or condominium plan, which provides spaces for the long-term parking and occupancy of manufactured homes. “manufactured home community service” means a development which is used to administer a manufactured home community or provide services for the exclusive use of community tenants. This use class does not include a retail outlet. “modular home” means a factory-built, detached dwelling unit that is transportable and designed to be used by itself or to be incorporated with similar units at a building site into a modular structure and intended for year-round habitation. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated sub-elements which are to be incorporated into a structure at the site. “motel” means a building or group of buildings on a site providing separate sleeping units complete with washing and sanitary facilities and with separate outside entrances from a parking area, operated for the purpose of providing temporary accommodation for traveling motorists. For purposes of clarification, the service of alcoholic beverages is classified under the separate use class of “drinking establishment”. “motion picture production facility” means a facility used for the production of motion pictures, videos, television or radio programs but does not involve the presence of an audience. (11-06) “motor hotel“ (see hotel). “municipality“ means: (a)

the Municipal Corporation of the Town of Okotoks; and

(b)

where the context requires, means the area of land contained within the boundaries of the municipality’s corporate limits.

“NEF“ means noise exposure forecast.

(33-99)

“NEF 25-Area“ means the NEF area that lies between the 25 NEF contour and the boundary of the protection area. (33-99) “NEF 25-30 Area“ means the NEF area that lies between the 25 NEF contour and the 30 NEF contour.(33-99) “NEF 30-35 Area“ means the NEF area that lies between the 30 NEF contour and the 35 NEF contour.(33-99) “NEF 35-40 Area“ means the NEF area that lies between the 35 NEF contour and the 40 NEF contour.(33-99)

Okotoks Land Use Bylaw

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INTERPRETATION

“NEF 40+ Area“ means the NEF area enclosed by the 40 NEF contour. “NEF

contour“

means

a

number

contour

as

shown

on

(33-99) the

NEF

Map

(Figure 2). (33-99)

“occupancy” means the utilization of a building or land for the use for which it has been approved. “office” means a building or development primarily used for the provision of professional, management, administrative and consulting services. Typical uses include the offices of lawyers, accountants, engineers and architects; offices for real estate, telephone answering, catalogue, mail order or order sales offices where no stock or merchandise is retained or stored on the premises except as may be used for display or showroom purposes and similar other like uses. “outdoor lighting” means any electrically powered illuminating device containing a total light source of more than 1800 initial lumens per fixture, which is installed outdoors including, but not limited to, devices used to illuminate the site, architectural structure or sign. (53-98) “outer surface” means an imaginary common plane established at an elevation of 45m above the aerodrome zoning reference point elevations and extending to the boundary of the protection area (Figure 3). (33-99) “parapet” means a low wall or railing to protect the edge of a roof. “parcel” means the aggregate of the one or more areas of land described in a certificate of title or described in a certificate of title by reference to a plan filed or registered in the Land Titles Office. “parking lot” means development providing public vehicular parking as the principal use. “permitted use” means the use of land or of a building which is listed as a “Permitted Uses” in a district of the Bylaw. An application for a permitted use shall, if the application otherwise conforms to the Bylaw, be approved with or without conditions by the development authority. "pet care service" means any premises on which small animals (e.g. dogs and cats) are washed, groomed, or boarded indoors during the day and that may have retail sales and offices related to the services provided by the principle use. Animals must not be boarded overnight. An outdoor excise area may be permitted. This use class does not include kennels or veterinary clinics. (26-10) "power generation facility" means a power generation system designed for the purpose of generating electrical power for a total generation capacity of up to 12.5 megawatts or less. (11-06) “principal building” means a building which, in the opinion of the Development Authority: (a)

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

(b)

is the chief or the main building among the buildings on the site; or

(c)

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

“principal use” means the use of a site or of a building which, in the opinion of the Development Authority, constitutes the primary purpose for which the site is used. “private club” means a development used for the meeting, social, or recreational activities of its members.

Okotoks Land Use Bylaw

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INTERPRETATION

“private hot tub” means an outdoor structure with a depth greater than 0.5 m (1.5 feet) or area greater than 9m2 (96.9 sq. ft.) and designed for bathing. Private hot tubs are an accessory building associated with a residential dwelling unit and do not include public and quasi-public hot tubs which are considered Recreation Facilities in the Land Use Bylaw. “private swimming pool” means a structure with a depth greater than 0.5 m (1.5 feet) or area greater than 9m2 (96.9 sq. ft.) located either above grade or at grade and designed for swimming. Private swimming pools are an accessory building associated with a residential dwelling unit and do not include public and quasi-public swimming pools which are considered Recreation Facilities in the Land Use Bylaw. “public or quasi-public building, facility and installation” means buildings, facilities and installations owned or operated by a municipal, provincial or federal authority for the purpose of furnishing services or commodities to or for the use of the inhabitants of the municipality. Typical uses include public recreation facilities, fire stations, police stations, tourist information centers and libraries. “public open space” means outdoor public land used for active or passive recreation including walkways, trails, environmentally sensitive areas, wildlife sanctuary, greenbelts, conservation areas, buffers, natural interpretation areas and similar land uses but excludes uses such as playgrounds, band shells and manmade landscaped areas, buildings and structures. (11-06) “public park” means development of public land specifically designed or reserved for the general public for active or passive recreational use and includes all natural and manmade landscaping, facilities, playing fields, buildings and other structures that are consistent with the general purposes of public park land, whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements with the public authority owning the park. Typical uses include tot lots, band shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds and water features. “public utility” means a system or works used to provide one or more of the following for public consumption, benefit, convenience or use: (a)

water;

(b)

sewage disposal;

(c)

public transportation operated by or on behalf of the municipality;

(d)

irrigation;

(e)

drainage;

(f)

fuel;

(g)

electric power;

(h)

heat;

(i)

waste management; and

(j)

telecommunications.

“radio and television studio” means a facility used for the production and broadcasting of radio and/or television programming but does not involve the presence of an audience. (11-06)

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INTERPRETATION

“rear yard” means the yard which extends in width between the side boundaries of a site and in depth from the rear boundary of the site to the rear yard setback as prescribed in the district. With irregularly shaped lots a mean average shall be used to establish the yard. “recreation facility-private” means any development providing amusement and enjoyment. Associated administrative offices, instructional classes, household and personal services and retail sales may be included as accessory uses in this use category. Typical developments would include, but not be limited to, athletic facilities such as swimming pools, squash, tennis and racquetball courts and golf courses, or similar recreational facilities and does not include bowling alleys. “recreation vehicle” means a portable structure intended to be carried on a vehicle, or a unit intended to be transported on its own wheels to provide temporary living accommodation for travel and recreational purposes and includes such vehicles as a motor home, a camper, a travel trailer, a tent trailer and a boat but does not included a manufactured home. “recycling depot” means land and buildings used for the collection and temporary storage of refundable beverage containers, tins, newsprint, cardboard, glass and plastic to be recycled but does not include processing except sorting, compaction or packaging for shipment and shall not include automobile wrecking and salvage operations, scrap metal salvage operations or composting plants. (11-06) “religious institution” means a development owned by a religious organization used for worship and related religious, philanthropic or social activities including accessory rectories, manses, classrooms and auditoriums. Typical uses include churches, chapels, mosques, temples, synagogues, parish halls, convents and monasteries. “residential subdivision phase” means the portion of the subdivision plan registered at the Land Titles Office which is intended for single detached dwellings. “retail store” means a building where goods, wares, or merchandise are stored, offered or kept for sale or rental and includes storage on or about the store premises of limited quantities of such goods, wares, or merchandise sufficient only to service such store but does not include any retail outlet otherwise listed or defined in this Bylaw. This use class includes, but is not limited to, second hand shops, liquidation stores, food stores, drug stores, clothing stores, sporting goods stores, private lending libraries and other similar uses. (20-11) “retail store - warehouse” means a development used for the retail sale of a limited range of bulky goods from within an enclosed building where the size and nature of the principal goods being sold typically require large floor areas for direct display to the purchaser or consumer. This use class includes developments where principal goods being sold are such bulky items as furniture, carpet, major appliances, and building materials. This use class does not include developments used for the retail sale of food or a broad range of goods for personal or household use. “retaining wall” means a structure constructed to withstand lateral pressure in order to hold back earth, loose rock, or similar materials. (24-03) “sand and gravel extraction” means industries engaged in the extraction of sand and gravel which may include processing of these materials into a marketable form. “satellite dish” means a structure designed specifically to receive television signals. “school” means a place of instruction offering courses of study may include a before and after school care program and preschool program provided the license holder and operator of the program is the school authority which owns and operates the school. Included in the category are public, private, and separate schools. (17-10)

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INTERPRETATION

“screening” means the total or partial concealment of a building, structure or activity by a fence, wall, berm or soft landscaping. “second story” means the story located immediately above the first story. “senior citizen’s home” means any multiple unit dwelling constructed in compliance with the provincial regulations. This use class may include accessory commercial components intended to service residents of the home. “service bay” means that part of a building which is used as a work area for the servicing or repairing of motor vehicles. “service station” means premises, or the portion thereof, used or intended to be used for the servicing and repairing of motor vehicles and for sale of automotive fuels and fluids, lubricating oils, and minor accessories for motor vehicles. “setback” means the minimum distance that a development or a specified portion of it, must be set back from a property line. “shielded light fixture” means a light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 85 degrees above nadir, through the light fixture’s lowest light emitting part. Any structural part of the light fixture that enables the cutoff angle must be permanently affixed. (53-98) Shield

Light Source cut off angle

Bulb

nadir

85 degrees

“shopping center” means a group of commercial establishments planned, developed, and managed as a unit with off-street parking provided or a cluster of comprehensively planned commercial sites developed as a unit or units with an integrated internal circulation system and with off-street parking provided. “side yard” means a yard which extends in width between the front and rear yard and in depth from the side boundary of the site to the side yard setback as prescribed in the district. “sign permit” (see development permit). Okotoks Land Use Bylaw

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INTERPRETATION

“single-detached dwelling” means a building which contains only one dwelling unit but does not include a manufactured home. The dwelling may allow for accommodation to be offered to up to two boarders, however, except as otherwise allowed in this Bylaw, is used for no other purpose. “Site Servicing Plan” means a plan showing the legal description and dimensions of the site, the utilities, site drainage, existing and proposed site grades, the grades of streets and sewer servicing the property, elevations of top of curb or sidewalk and lot corners approved by the Town’s Engineer. “site” means an area of land on which a building or use exists or for which an application for a development permit is made. “site area” means the total area enclosed within the boundaries of the site. “Site Lighting Plan” means a plan(s) prepared by a qualified professional addressing at a minimum:(53-98) (a)

a description of each proposed light fixture including details regarding lamp type, reflectors, optics, angle cut off, lumen outputs, proposed installation height and shielding accessories;

(b)

a plan of the site and surrounding area, which shows the location of all light fixtures;

(c)

a photometric grid showing illumination levels both within the site and 8 m (26.25 ft.) beyond the property line based on the manufacturer’s specifications for the light fixtures,

(d)

foundation details for light poles;

(e)

a description of any measures taken to shield direct glare from residential properties within 100 m (328.08 ft.) of the site; and

(f)

appropriate references to guidelines for lighting levels prepared by the Illumination Engineering Society of North America (IESNA) and a description of how the site lighting plan is consistent with IESNA recommendations and lighting requirements of the Land Use Bylaw.

“Slope Stability Geotechnical Report” means a report prepared by a qualified Geotechnical Engineer in support of a development permit application addressing as a minimum: (a)

a detailed description of the slope with supporting contour information including a top and/or toe of slope line which is to be verified in the field through consultation with the municipality prior to finalizing the report;

(b)

identification of any existing slope failure;

(c)

a detailed description of sub-surface conditions including soils, groundwater and bedrock;

(d)

the location of existing and proposed property lines and structures in relationship to the slope;

(e)

any proposed alteration to the slope and surrounding terrain;

Okotoks Land Use Bylaw

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SECTION 30

INTERPRETATION (f)

recommended property line setbacks in the case where a report is submitted as part of a subdivision/redesignation application or proposed development setback in the case where a report is submitted as part of a development application; and

(g)

other recommendations necessary to ensure slope stability both during construction and during occupancy of the land.

“storage yard” means the use of a site for the storage of materials and is screened in accordance with the requirements of the district in which it is situated. “storage yard-mini storage” means a development which includes a series of enclosed storage bays or lockers and may include outside storage sites for recreation vehicles, all of which are intended for rental or lease to the general public. “street” means a public thoroughfare affording the principal means of access to a site or sites and includes the sidewalk(s) and the land within the right of way on each side of and contiguous to the prepared surface of the thoroughfare. “studio suite“ means a self-contained dwelling unit on a site that is accessory to the principal dwelling unit on the site. (9-00) “studio suite dwelling" means a development that is designed to accommodate a principal dwelling unit and includes design features in either the principal building or an accessory building on the site that permits the development of a studio suite as an accessory dwelling unit on a site. (36-00) “subdivision authority” means a subdivision authority as provided for in the Act. “suburban commercial” means commercial uses which have a high requirement for parking and are located outside of the downtown along a highway or arterial road carrying high volumes of traffic (C-HWY and C-SC). The requirement for on-site parking is higher than in the downtown or an industrial area due to the absence of on-street parking, higher potential for impact on other land uses, and high traffic volumes associated with commercial areas located on arterial roads. “take-off/approach surface” means an imaginary surface consisting of an inclined plane abutting and extending out from each end of runway 16-34 (Figure 3): (33-99) (a)

the commencement of which coincides with the end of the basic strip;

(b)

that rises at a slope ratio of 1:25 measured from the end of the basic strip;

(c)

that diverges outward on each side as it rises, at a rate of 15% measured from the respective projected sides of the basic strip; and

(d)

that ends at the intersection with the outer surface.

“temporary” means a period of time up to one year. “temporary building” means a building, other than a manufactured home, constructed without any foundation below grade; or any other building approved by the Development Authority for a temporary period. “theater” means a facility with fixed seating designed to show movies, plays, musicals or other similar entertainment activities.

Okotoks Land Use Bylaw

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SECTION 30

INTERPRETATION

”Traffic Impact Report” means a document authored by a qualified Traffic Engineer in support of a development permit application addressing as a minimum, the following: (a)

existing and projected traffic volumes on abutting streets;

(b)

the traffic characteristics of the proposed development;

(c)

internal circulation and parking plan; and

(d)

the impact of the development and the access system on traffic operations on abutting street.

“transitional surface” means an imaginary surface consisting of an inclined plane associated with each side of the basic strip of runway 16-34 (Figure 3): (33-99) (a) that commences at and abuts the sides of the basic strip; (b)

that rises at a slope ratio of 1:5 from an elevation at the center point of the runway opposite the proposed development, and measured from the sides of the basic strip; and

(c)

that ends at its intersection with the outer surface and take-off/approach surfaces.

“truck terminal” means a development used for the purpose of storing and dispatching trucks and tractor trailers for transporting goods. “utility building” means an above-ground, enclosed building or structure that is intended to contain a system or works used to provide one or more of the following for public consumption, benefit, convenience or use: (a)

water;

(b)

sewage disposal;

(c)

irrigation;

(d)

drainage;

(e)

fuel;

(f)

electric power;

(g)

heat;

(h)

waste management; and

(i)

telecommunications.

(31-04)

“vehicle rental facilities” means a development used for rental of passenger vehicles, light trucks, and vehicles used for household moving to the public. (29-07) “veterinarian clinic-small animal” means a facility for the medical care and treatment of small animals only and includes provision for their overnight accommodation within the building only, and may include associated office space. Okotoks Land Use Bylaw

Page | 200


SECTION 30

INTERPRETATION

“veterinarian clinic-large animal” means a facility for the medical treatment of large animals and includes provision for their overnight accommodation within the building only, and may include associated office space. The medical treatment of small animals may also occur in such a facility. “use” means the utilization of a parcel of land for a particular development activity. “warehouse” means a development used for the indoor storage of materials, products, goods or merchandise and where areas of the site are used for the movement of transportation trucks on and, off and within the parcel. Limited product display, retail sales and offices accessory to the principal use may be permitted in this use class. (29-07) “water feature” means an outdoor structure which has a depth greater than 0.5 m (1.5 feet) or area greater than 9m2 (96.9 sq. ft.) and designed to contain water. “width of site” means the horizontal distance between the side property boundaries determined by: (a)

producing a straight line through the minimum front and rear setback points on the side property lines;

(b)

producing a line through the midpoints of the lines established in (a); and

(c)

measuring the distance between the side property boundaries on a straight line through the midpoint of the line established in (b) and parallel to the front setback line established in (a).

“yard” means n open space on site, unoccupied and unobstructed by any portion of a building or structure unless otherwise permitted in this Bylaw.

Okotoks Land Use Bylaw

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Okotoks Land Use Bylaw

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SECTION 31

EXISTING CONTROLS AND DATE OF COMMENCEMENT

31.1.0

Land Use Bylaw No. 1-80 and all amendments thereto are hereby rescinded.

31.2.0

This Bylaw comes into effect upon the date of its third reading.

READ A FIRST TIME the 20 day of July, 1998 A.D.

“Dave Jones” (signed) Mayor

“Will Pearce” (signed) Municipal Manager READ A SECOND TIME the 13th day of October, 1998 A.D. READ A THIRD TIME and finally passed the 13th day of October, 1998 A.D.

“Dave Jones” (signed) Mayor

“Will Pearce” (signed) Municipal Manager

Okotoks Land Use Bylaw

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Okotoks Land Use Bylaw

Page | 204


APPENDIX 1

LAND USE DISTRICT MAP

FIGURE 4

LAND USE MAP – FEBRUARY 2012

Please refer to: www.okotoks.ca Visitors Maps of Okotoks Land Use Map

Okotoks Land Use Bylaw

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Okotoks Land Use Bylaw

Page | 206


APPENDIX 2

FLOOD RISK MAP

FIGURE 5

FLOOD RISK AREA (AMENDED AS PER 2007 ADDENDUM PREPARED BY ALBERTA ENVIRONMENT)

Okotoks Land Use Bylaw

Page | 207

Town of Okotoks Land Use Bylaw  

Adopted October, 1998 Consolidated Version February, 2013

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