Bylaw test

Exempt Developments

25 1 The following developments do not require a development permit if the conditions of section 24 are met:

13P2008, 57P2008, 67P2008, 68P2008, 71P2008, 75P2008, 1P2009, 10P2009, 17P2009, 46P2009, 14P2010, 21P2011, 27P2011, 4P2012, 9P2012, 32P2012

a a Home Occupation — Class 1;

b a Home Based Child Care — Class 1;

c the erection of any fence or gate;

d a driveway;

e the construction of a deck, landing or patio;

e.1 the construction of skateboard and sports ramps located in the Districts contained within Part 5: Low Density Residential Districts, or Part 6: Multi-Residential Districts;

43P2016

f the construction of an Accessory Residential Building with a gross floor area equal to or less than 75.0 square metres when listed as a permitted use in a land use district;

f.1 the construction of an Accessory Residential Building located on a parcel containing a Contextual Semi-detached Dwelling, Duplex Dwelling, or a Semi-detached Dwelling that has yet to be subdivided with a gross floor area equal to or less than 150.0 square metres when listed as a permitted use in a land use district;

16P2018

g a satellite dish antenna less than 1.0 metre in diameter;

h external maintenance, internal alterations, and mechanical and electrical work on a building provided the intensity of use of the building does not increase;

i a Special Function — Class 1;

j a Special Function — Class 2:

i where located on a parcel for 3 consecutive days or less, excluding the time used to erect and dismantle the temporary structures;

ii where the cumulative area of covered temporary structures is less than or equal to:

A 125.0 square metres when located on a parcel within 45.0 metres of either a residential district or a Direct Control District where the use of the parcel is residential; and

B 300.0 square metres when located on a parcel designated CR20-C20/R20 or an East Village District contained in Part 12; and

33P2013

iii where located on the same parcel as:

5P2015

A Brewery, Winery and Distillery;

49P2017

A.1 Conference and Event Facility;

49P2017

B Drinking Establishment — Large;

C Drinking Establishment — Medium;

D Drinking Establishment — Small;

E Restaurant: Licensed; or

27P2021

F deleted

27P2021

G deleted

27P2021

H deleted

27P2021

I Night Club;

k a temporary building, the sole purpose of which is incidental to the erection or alteration of a building for which a permit has been granted under the Building Permit Bylaw;

l the use of all or part of a building or parcel as a Motion Picture Filming Location for a period not exceeding one year;

m stockpiling on the same parcel undergoing excavation, grading or stripping;

n Solar collectors, if the building they are on is not listed on the City inventory of evaluated historic resources, and:

67P2018, 46P2019

i the solar collectors are located on a building, a minimum of 2.4 metres above grade; or

ii the solar collectors are used for thermal energy;

o a sign that is exempt from the requirement to obtain a development permit as specified in Part 3, Division 5;

p the following projects carried on by, or on behalf of, the City:

i roads, traffic management projects, interchanges;

ii Hazardous Waste Management Facility, Landfill, Sewage Treatment Plant, Utilities, Waste Storage Site, and Water Treatment Plant;

5P2013, 44P2022

iii motor vehicle and pedestrian bridges, unless they are part of the Plus 15 Network or Plus 30 networks;

20P2022

iv water, sewage and storm water lines and facilities;

33P2019

v landscaping projects, parks, public tennis courts and street furniture; and

33P2019

vi local food sales on City owned land where approved by or on behalf of the City;

33P2019

q the use of all or part of a building as a temporary polling station, returning offices' headquarters, Federal, Provincial or Municipal candidates' campaign offices and any other official temporary use in connection with a Federal, Provincial or Municipal election, referendum or census;

r a Temporary Residential Sales Centre located:

5P2013

i in the Developing Area; or

ii on a parcel identified in subsection 25(2)(n);

s a Secondary Suite, when listed as a permitted use in the district, for which an application for a permit pursuant to the Building Permit Bylaw has been received;

26P2015, 5P2017

t "pop-up uses" that comply with the rules of section 134.2; and

42P2019

u "interim uses" that comply with the rules of section 134.3.

42P2019

2 The following developments do not require a development permit if they are not located in the flood fringe or overland flow areas and the conditions of section 24 are met:

a an exterior alteration or addition to a Duplex Dwelling, Semi-detached Dwelling and Single Detached Dwelling where:

i listed as a discretionary use;

ii the addition and alteration complies with the rules of section 365; and

iii the existing building is not listed on the City inventory of evaluated historic resources;

67P2018

b an addition to a Contextual Semi-detached Dwelling or a Contextual Single Detached Dwelling;

i if the addition has a gross floor area less than or equal to 40.0 square metres and the addition has a height that is less than or equal to 6.0 metres when measured from grade at any point adjacent to the addition; or

ii if the addition has a gross floor area less than or equal to 10.0 square metres and is located above the first storey;

b.1 an exterior alteration or addition to a Dwelling Unit in the Housing – Grade-Oriented (H-GO) District where:

78P2024

i the main residential building was legally existing prior to the effective date of this Bylaw;

ii the addition has a maximum of:

A 40.0 square metres in gross floor area for any portion at a height less than or equal to 6.0 metres when measured from grade; or

B 10.0 square metres when located above the first storey;

iii the addition or exterior alteration reduces the existing building setback by:

A a maximum of 1.5 metres from a front property line, or 1.8 metres for a porch, provided the building will comply with the minimum setback from a front property line specified in the district; and

B A maximum of 4.6 metres from a rear property line provided the building will have a minimum 7.5 metre building setback from the rear property line;

c the construction of and addition to a Single Detached Dwelling, Semi-detached Dwelling and Duplex Dwelling when listed as a permitted use in a land use district;

d an outdoor in-ground or above ground private swimming pool or hot tub so long as it:

i is not located within the actual front setback area;

ii has a total area less than 15.0 per cent of the parcel area; and

iii does not have any above grade components including a deck, walkway, supporting member, heater or mechanical equipment within 1.2 metres of any property line;

e retaining walls that are less than 1.2 metres in height, measured from the lowest grade at any point adjacent to the retaining wall to the highest grade retained by the retaining wall;

16P2018

f facilities required for environmental remediation or monitoring;

g excavation, grading or stripping provided:

i the area of land to be excavated, stripped or graded is less than 1000.0 square metres;

ii it is part of a development for which a development permit has been released; or

iii the person carrying out the excavation, stripping or grading has signed a Development Agreement with the City for the area to be excavated, stripped or graded and that Development Agreement contemplates excavating, stripping or grading;

h Utilities installed or constructed within a street or a utility right-of-way;

i deleted

5P2013

j a Power Generation Facility — Small required for the purpose of providing electrical power for emergency or back-up purposes with a generation capacity of less than 20 kilowatts;

k a Power Generation Facility — Small required in order to comply with the emergency power requirements of the Alberta Building Code;

l A Power Generation Facility — Small with a total power generation capacity of 10 kilowatts or less where the Power Generation Facility — Small:

i does not use an internal combustion engine; and

ii is located entirely within an existing approved building;

m the City's use of land which it either owns or has an equitable interest in for a purpose approved by Council in connection with any Utility;

65P2023

n the construction of a Contextual Single Detached Dwelling when on a parcel that is identified as:

i Block 4 Plan 9711796;

ii Block 6 Plan 9711978;

iii Lot 1 Plan 8711504;

iv Block 3 Plan 7203JK;

v Lots 1 through 3 Block 4 Plan 8810907;

vi Block 5 Plan 7627JK;

vii Lot 1 Block 6 Plan 8811565;

viii Lots 2 through 5 Block 8 Plan 8910156;

ix Lot 1 Block 1 Plan 8810212;

x Block 1 Plan 6368JK;

xi Lot 2 Block 1 Plan 8810882;

xii Meridian 5 Range 2 Township 25 Section 8 Quarter South West containing 64.7 hectares (160 Acres) more or less excepting thereout:

A The Westerly 150 feet in perpendicular width throughout of said quarter section containing 3.67 hectares (9.06 Acres) more or less.

B See the table below.

xiii Meridian 5 Range 2 Township 25 Section 8 Quarter South East containing 64.7 hectares (160 Acres) more or less excepting thereout:

xiv Meridian 5 Range 2 Township 25 Section 5

That portion of the North East Quarter which lies to the north of the parcel on Plan 53/28 and to the east of the transmission line right of way on Plan 79JK, containing 30.9 hectares (76.16 acres) more or less excepting thereout:

xv Meridian 5 Range 2 Township 25 Section 5

That portion of the North West Quarter which lies to the North of the parcel on Plan 53/28 and to the east of the transmission line right of way on Plan 79JK, containing 20.9 hectares (51.67 acres) more or less excepting thereout:

xvi Lot 35 through 40 Block 90 Plan 0614543;

xvii Lot 59 through 99 Block 90 Plan 0614543; and

xviii Lots 2 through 4 Block 6 Plan 8910893

any of which may be further subdivided from time to time;

65P2023

o a change of use for a building or portion of a building does not require a development permit if:

44P2022

i it is located in the I-G, I-B or I-C districts;

ii it does not include additions, exterior alterations, or changes to site plans; and

iii unless otherwise referenced in subsection (iv), the proposed use is listed as a permitted use in the district; and

iv a development permit is required for a change of use for a building or portion of a building if the proposed use is one of the following uses:

A Brewery, Winery and Distillery; and

65P2023

p a change of use for a building or portion of a building does not require a development permit if:

65P2023

i it is located in the C-N1, C-N2, C-C1, C-C2, C-COR1, C-COR2, C-COR3, C-O, C-R1, C-R2, C-R3, CC-MHX, CC-X, CC-COR, CR20-C20/R20, CC-ET, CC-EIR, CC-EMU, CC-EPR, CC-ERR, CC-ER, MU-1 and MU-2 districts;

65P2023

ii it does not include additions, exterior alterations, or changes to site plans; and

iii the proposed use is listed as a permitted use in the district.