Bylaw test

Projections Into Setback Areas

689 1 Unless otherwise referenced in subsections (2), (3) and (4), buildings must not be located in any setback area.

2 Eaves of a building may project into any setback area to a maximum of 0.6 metres.

3 Portions of a building below the surface of the ground may extend into any setback area, only when those portions are used as a parking structure.

4 Signs may be located in any setback area, and where so located, must be in accordance with Part 3, Division 5.

General Landscaped Area Rules

690 1 Landscaped areas must be provided in accordance with a landscape plan approved by the Development Authority.

2 A landscape plan for the entire development must be submitted as part of each development permit application where changes are proposed to the building or parcel , and must show at least the following:

a the existing and proposed topography;

b the existing vegetation and indicate whether it is to be retained or removed;

c the layout of berms, open space systems, pedestrian circulation, retaining walls, screening, slope of the land, soft surfaced landscaped area and hard surfaced landscaped area;

d the types, species, sizes and numbers of plant material and the types of landscaped areas; and

e details of the irrigation system.

3 The landscaped areas shown on the landscape plan approved by the Development Authority must be maintained on the parcel for so long as the development exists.

4 All soft surfaced landscaped areas must be irrigated by an underground irrigation system, unless a low water irrigation system is provided.

5 For the purpose of determining the minimum number of trees and shrubs in a setback area, portions of setback areas that are paved for sidewalks and vehicle access, utility rights-of-way or any other purpose allowed by the Development Authority, must be included in the calculation of the required area, even though they are not capable of sustaining trees and shrubs.

6 If the minimum setback area is not capable of sustaining trees and shrubs, additional area on the parcel adjoining the setback area must be provided for the trees and shrubs.

Planting Requirements

691 1 All plant materials must be of a species capable of healthy growth in Calgary and must conform to the standards of the Canadian Nursery Landscape Association.

2 A minimum of 25.0 per cent of all trees required must be coniferous.

3 Deciduous trees must have a minimum calliper of 50 millimetres and at least 50.0 per cent of the provided deciduous trees must have a minimum calliper of 75 millimetres at the time of planting.

4 Coniferous trees must have a minimum height of 2.0 metres and at least 50.0 per cent of the provided coniferous trees must have a minimum of 3.0 metres in height at the time of planting.

5 Shrubs must be a minimum height or spread of 0.6 metres at the time of planting.

6 Soft surfaced landscaped areas may include Urban Agriculture.

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Low Water Irrigation System

692 1 When a low water irrigation system is provided, only trees and shrubs must be irrigated and the extent of water delivery must be confined to the tree and shrub area.

2 When a low water irrigation system is provided, trees and shrubs that have similar water consumption requirements must be grouped together.

Additional Landscaping Requirements

693 1 Unless otherwise referenced in a District, all setback areas on a parcel, not including those portions specifically required for motor vehicle access, sidewalks, or any other purpose allowed by the Development Authority, must be a soft surfaced landscaped area.

2 All areas of a parcel must be a soft surfaced landscaped area unless specifically allowed by the Development Authority.

3 Every building on a parcel must have at least one sidewalk connecting the public entrance to a public sidewalk, or in the case where there is no public sidewalk, to the nearest street.

4 Where a building contains more than one use, every use that has an exterior public entrance must either:

a have a sidewalk connecting the public entrance to the sidewalk required by subsection (3); or

b have a sidewalk connecting that public entrance to a public sidewalk.

5 Every building on a parcel must have at least one sidewalk connecting the parking area to the public entrances of the building.

6 Where a sidewalk provided in satisfaction of this section, is next to a portion of a building, the sidewalk must extend along the entire length of that side of the building.

7 Every sidewalk provided must:

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a be a hard surfaced landscaped area;

b be a minimum width of 2.0 metres;

c have different surfacing than the surfacing of the parking areas on the parcel; and

d be raised above the surface of the parking area, when located in a parking area.

Landscaping for Large Parking Area

694 1 Landscaping is required in a parking area when the total surface area containing the required drive aisles, motor vehicle parking stalls and vehicular access for a development is equal to or greater than 5000.0 square metres.

2 Landscaped areas in the parking area:

a must be provided at a ratio of 0.150 square metres for every 1.0 square metres of the total surface area referenced in subsection (1); and

b must be provided as a combination of hard surfaced landscaped area and soft surfaced landscaped area in the form of islands and strips.

3 Islands provided in the parking area must:

a be provided at the beginning and end of every row of motor vehicle parking stalls;

b be provided after every 20 motor vehicle parking stalls in a row with no more than 20 stalls between islands;

c be a minimum area of 12.0 square metres with at least one side of the island being a minimum length of 2.0 metres;

d provide a minimum of 1.0 trees and 2.0 shrubs; and

e be surrounded by a concrete curb.

4 Strips provided in the parking area must:

a be provided every four (4) rows of motor vehicle parking stalls with no more than four (4) rows between strips;

b be perpendicular to the motor vehicle parking stalls for the full length of the strip;

c be a minimum depth of 2.0 metres;

d provide a minimum of 1.0 trees every 15.0 metres of the length of the strip; and

e be surrounded by a concrete curb.

5 If the application of these rules results in an island or a strip being contiguous with a setback area, that island or strip is not required at that location on the parcel.

6 Sidewalks connecting the public entrance to a public sidewalk and sidewalks connecting the parking area to the public entrance may be included in determining whether the development satisfies the requirement of this section.

Minimum Required Motor Vehicle Parking Stalls

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694.1 The minimum number of required motor vehicle parking stalls are illustrated in Table 4.1:

Table 4.1

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Visibility Setback

695 Buildings, finished grade of a parcel and vegetation within a corner visibility triangle must not be located between 0.75 metres and 4.60 metres above the lowest elevation of the street.

Mechanical Screening

696 Mechanical systems or equipment located outside of a building shall be positioned, camouflaged or screened from view of a public space, or from view of a parcel designated as a residential district, located within 30.0 metres of the equipment, using a line of sight of 1.7 metres above grade.

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Garbage

697 1 Garbage containers and waste material must be stored, prior to collection, either:

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a inside a building; or

b in a garbage container enclosure approved by the Development Authority.

2 Garbage container enclosures must not be located in any setback areas.

Recycling Facilities

698 Recycling facilities must be provided for every development containing Dwelling Units

Screening

699 When a parcel shares a property line with:

a a parcel designated as a residential district or special purpose district, a fence with a maximum height of 2.0 metres must be provided for screening along the property line; and

b a lane, a fence with a maximum height of 2.0 metres must be provided for screening along the property line, except where an opening is required for pedestrian or motor vehicle access.

Solar Collectors

699.1 1 A solar collector may only be located on the wall or roof of a building.

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2 A solar collector mounted on a roof with a pitch of less than 4:12 may project a maximum of 2.0 metres from the surface of the roof.

3 A solar collector mounted on a roof with a pitch of 4:12 or greater:

a may project a maximum of 1.3 metres from the surface of the roof; and

b must not extend beyond the outermost edge of the roof.

4 A solar collector that is mounted on a wall:

a must be located a minimum of 2.4 metres above grade; and

b may project a maximum of 0.6 metres from the surface of that wall.

Wind Energy Conversion System

38P2013

699.2 1 A Wind Energy Conversion System — Type 1 or a Wind Energy Conversion System - Type 2 must:

a be located a minimum distance equal to the total Wind Energy Conversion System height from a property line, measured from the base;

b be painted a single, neutral, non-reflective, non-glossy colour;

c have a self-supporting tubular tower or monopole, not including lattice or pylon towers, if not mounted to a building;

d be equipped with manual and automatic over speed controls;

e be repaired or removed from the parcel upon disrepair, abandonment, or termination of the Wind Energy Conversion System - Type 1 or Wind Energy Conversion System - Type 2 use for a period of 6 months or greater;

f not be located in the actual front setback area, actual side setback area or the rear setback area when the corresponding property line is adjacent to a residential district;

g not contain any signs or other non-system related objects, which are visible from a residential or special purpose district, other than Directional Signs;

h not contain any accent lighting, or be indirectly illuminated or artificially lit, except as required for navigational safety or Directional Signs;

i not contain guy wires or other similar structural support device, except when a Wind Energy Conversion System - Type 1 is fastened to a building;

j not be within 100.0 metres of any permanent or temporary wetland or water body;

k not have a tower-climbing apparatus or blade tips closer than 4.6 metres from grade unless enclosed by a minimum 1.8 metres high fence; and

l not have a total power generation capacity greater than 100 kilowatts.

2 A Wind Energy Conversion System — Type 1:

a must not be located within 60.0 metres from a residential district; and

b may require a biophysical impact assessment as part of a development permit application, that may include, but is not limited to, a literature review by a qualified biologist, field surveys, habitat assessments, and consideration for the publication "Wildlife Guidelines for Alberta Wind Energy Projects" by Alberta Environment and Sustainable Resource Development.

3 A Wind Energy Conversion System — Type 2:

a must not be located within 550.0 metres from a residential district;

b requires a biophysical impact assessment as part of a development permit application, that may include, but is not limited to, a literature review by a qualified biologist, field surveys, habitat assessments, and consideration for the publication "Wildlife Guidelines for Alberta Wind Energy Projects" by Alberta Environment and Sustainable Resource Development; and

c may have a maximum total Wind Energy Conversion System height of 15.0 metres above the maximum building height of the district.

4 A development permit may only be issued for a limited period of time not exceeding:

a five (5) years for a Wind Energy Conversion System — Type 1 and a Wind Energy Conversion System — Type 2; and

b where a development permit for a Wind Energy Conversion System — Type 1 or a Wind Energy Conversion System — Type 2 has been approved, subsequent development permit approvals for the legally existing Wind Energy Conversion System — Type 1 or Wind Energy Conversion System — Type 2 may be granted for a period greater than stated in subsection (a).

Parcel Access

700 All developments must comply with the access requirements of the Controlled Streets Bylaw.