Land Use Bylaw 3357/2006 - Part 3 General Regulations Applicable to All Districts

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-1

Part Three: General Regulations Applicable to All Districts

Part Three: General Regulations Applicable to All Districts ............................................ 1

3.0 General Regulations Applicable to All Districts………………………………2

3.1 Parking Spaces and Areas ................................................................................... 2

3.2 Parking Standards ............................................................................................... 7

3.2.1 Parking Layout for Commercial Developments ............................................... 8

3.2.2 Accessible Parking Design .................................................................................. 9

3.2.3 Parking and Landscaping Seperation .............................................................. 10

3.3 Deleted................................................................................................................. 11

3.4 Deleted................................................................................................................. 11

3.5 Accessory Building Regulations ....................................................................... 11

3.6 Landscaping Regulations .................................................................................. 13

3.7 Loading Spaces ................................................................................................... 16

3.8 Deleted................................................................................................................. 16

3.9 Projection Over Yards....................................................................................... 17

3.10 Number of Buildings per Site ........................................................................... 17

3.11 Restrictions on Corner Site Lines .................................................................... 17

Figure 2-Restrictions on Corner Sites .................................................................. 18

Figure 2B-Restrictions on Corner Sites ............................................................... 19

3.12

DELETED……………………………………………………………………..20

3.13 Roof Drainage .................................................................................................... 20

3.14 Similar Use Permit ............................................................................................. 20

3.15 Building Heights ................................................................................................. 20

3.16 Deleted................................................................................................................. 20

3.17 Satellite Dish Antennas ...................................................................................... 20

3.18 Utility Regulation Stations ................................................................................ 21

3.19 Electrical Overhead Wiring Separation Distance........................................... 21

3.20 Fence Regulations .............................................................................................. 21

3.21 Cremation Regulations ...................................................................................... 23

3.22 Public Property Regulations ............................................................................. 23

3.23 Objects Prohibited or Restricted in Yards ...................................................... 23

3.24 Deleted ................................................................................................................ 24

3.25 Community Gardens ......................................................................................... 25

3.26 Temporary Buildings ........................................................................................ 25

3357/G-2016

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-2

3.0 General Regulations Applicable to All Districts:

(1) Cannabis Retail Sales is a use only where listed as Cannabis Retail Sales in the District

Use Table as Permitted or Discretionary Use.

(2)

In determining Yard measurements the minimum horizontal distance from the

respective boundary shall be used.

3.1 Parking Spaces and Areas

(1)

Except in the C1 (City Centre District) an owner or occupant of land must provide for

not less than the number of on-site parking spaces for the applicable land use(s) as

specified Table 3.1 below, notwithstanding the provisions of Parts 4-8. In calculating the

parking space requirement, a fractional number will be taken to the next higher number.”

Table 3.1 Parking Requirements

USES

PARKING SPACES

Places of Worship

1.0 per 6.0 persons, based on maximum occupancy

of the primary congregation/sanctuary area

Auditorium, Arena

1.0 per 10.0 seats

Health Care (excluding Hospitals)

2.5 per 93.0 m

Hospitals, Temporary Care Facility

1.0 per 93.0 m

Regional Shopping Centres

5.1 per 93m

(Gross Leasable Floor Area)

District Shopping Centres

5.1 per 93m

(Gross Leasable Floor Area)

COMMERCIAL & INDUSTRIAL

USES

PARKING SPACES

Adult Mini-Theater

1.0 per 3.0 seats with a minimum of 1.0 space for

each individual viewing area containing 3.0 seating

spaces or less

Call Centre

8.0 stalls per 93.0 m

(gross floor area)

Commercial Recreation Facility:

Racquet Sports Facility

Gaming or Gambling Establishment

4.0 per court

1.0 space per 2.3 seats

3357/L-2018

3357/S-2019

3357/H2009

3357/A-2006

3357/C-2007

3357/N-2018

Correction 29

3357/J-2007

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-3

Bowling Alleys

All other uses

5.0 per alley plus, 5.0 for staff

1.0 per 2.0 participants (at maximum capacity) plus

1.0 per 20.0 m

(gross floor area)

Commercial Entertainment Facility

1.0 per 5.0 seats

Table 3.1 Parking Requirements – continued

COMMERCIAL & INDUSTRIAL - Continued

USES

PARKING SPACES

Commercial Service Facility, excluding

Funeral Homes

2.5 per 93.0 m

Drinking Establishment

1.0 per 4.0 seats

Funeral Homes

1.0 per 5.0 seats

Hotels, Motels and Hostels

1.0 per guest room

Live Work Unit

1 additional parking space per unit

Local Convenience Shopping Centres

5.1 per 93.0 m

(gross floor area)

Manufacturing and Industrial Plants,

Wholesale, Servicing and Repair

Establishments, Research,

Laboratories and Transportation,

Communication or Utility Facility

3.0 per 93.0 m

, but not less than 4.0 spaces per

tenant or establishment (The Development

Authority may vary this regulation to accommodate

more labour intensive uses)

Warehousing, Storage Buildings and

Yards

1.0 per 93.0 m

, but not less than 4.0 spaces per

tenant or establishment

Merchandise Sales and/or Rentals:

Sales/Rental Areas

Office Areas

Warehouse

Warehouse Sales

5.1 per 93.0 m

2.0 per 93.0 m

1.0 per 93 m

5.1 per 93 m

Offices

2.0 per 93.0 m

DELETED

Repair Services

2.0 per 93.0 m

Restaurants

1.0 per 4.0 seats

Vehicle and Equipment Sales

2.0 per 93.0 m

Schools

Public or Private Elementary and

Junior High Schools

1.0 space for each classroom

Public or Private Senior High Schools

1.0 per 3.3 students, based on maximum occupancy

Colleges, Business or Commercial

or Technical Schools

1.0 per 10.0 seats, plus auditorium requirements

where applicable

3357/A-2006

3357/BB-2009

Correction 29

3357/L-2020

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-4

Table 3.1 Parking Requirements- continued

RESIDENTIAL

USES

PARKING SPACES

Carriage Home

1.0 per unit

Detached Dwelling, Semi-detached

Dwelling, Multi-attached Building

fronting onto a public roadway

2.0 per unit

Detached Dwelling, Semi-detached

Dwelling, Multi-attached Building

fronting onto a private roadway

2.0 per unit plus 1.0 space for every 5.0 units which

must be provided for guest parking

Multiple Family Building

1.0 per one bedroom unit; 1.5 per two bedroom unit;

2.0 per three bedroom unit, plus 1.0 additional space

for every 5.0 units which must be clearly identified

as guest parking.

In the Greater Downtown, as identified in Figure 1,

the parking requirement is 1.0 per residential unit

regardless of the number of bedrooms in the unit,

plus 1.0 additional space for every 5.0 units which

must be clearly identified as guest parking.

Lodging and Boarding Houses

1.0 per 2.0 persons being accommodated

Assisted Living Facility

0.4 per unit to provide for residents, visitors

and day duty staff, with a minimum of three

spaces.

Secondary suite with two or fewer

bedrooms

1.0 parking spaces

Secondary suite with more than two

bedrooms

2.0 parking spaces

3357/L-2013

3357/E-2007

3357/P-2020

3357/C-2007

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-5

Figure 1

3357/P-2020

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-6

(2) Notwithstanding section 3.1(1), all residential development in the C1 District shall meet

the residential parking standards as specified above.

(3) The parking requirement for any use not specified herein shall be as determined by the

Development Authority, having regard to similar uses for which parking requirements are

established.

(4) Where there are multiple uses of a site within a shopping centre, parking shall be

calculated on the basis of total shopping centre parking space requirement, rather than

calculating the parking requirements for each individual use.

(5) In all other cases where there are multiple uses of a site, the Development Authority shall

calculate the parking required for each individual use and the total shall be deemed to be

the required parking for the site.

(6) Where the applicant can demonstrate that there is a complementary or overlapping use of

the parking facilities which would warrant a reduction in the parking requirements, the

Development Authority may reduce the parking requirement

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-7

3.2

Parking Standards

(1) The standards set out in Section 3.2 apply to the development of parking lots in all

districts.

(2) All parking areas must have access to individual parking spaces by means of

unobstructed driving aisles satisfactory to the Development Authority.

(3) A parking space must be located either:

a) On the same site as the building or use in respect of which it is required, or

b) With the approval of the Development Authority, on another site not more

than 100.0m away (herein called “adjacent site”) from the building or use in

respect of which it is required.

(4) Where some or all of the required parking is to be provided on an adjacent site,

the Development Authority may require the owner of the land to provide such

parking in perpetuity and to secure such parking by way of restrictive covenant or

other obligation secured against the title to the adjacent site and enforceable by

The City.

(5)

A minimum parking space in all districts shall be at least 2.7m in width and 5.5m

in depth/length.

(6)

Parking areas required for multi-attached, multiple family and commercial

buildings shall be paved or finished to a hard surfaced standard satisfactory to the

Development Authority. This does not include gravel finished parking lots.

(7)

Driving aisles for perpendicular (90 degree) parking within new developments

shall be at least 7.0 m in width. The requirement shall not apply to redevelopment

applications for developments approved prior to September 11, 2006, in which

case the driving aisle shall be at least 6.0 m in width.

(8) On-site parking shall be constructed in the manner shown on the approved plan.

(9) Curbs, concrete bumper, fences and curb stops shall be provided to the

satisfaction of the Development Authority.

(10) The minimum parking stall width and parking aisle depth, minimum overall

depth and minimum driving aisle width in parking lot design shall meet the

requirements of Table 3.2 below, calculated on the parking angle as shown:

3357/H-2009

3357/A-2006 (deleted and replaced with 3357/H-2009)

3357/E-2014

3357/A-2006 (deleted and replaced with 3357/H-2009)

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-8

Table 3.2 Minimum Parking Lot Design Standards

Parking

Angle

Stall

Width

Parking

Aisle

Depth

Overall

Depth

Driving

Aisle

0°

2.9 m

9.3 m

3.5 m

30°

2.7 m

5.0 m

13.5 m

3.5 m

45°

2.7 m

5.7 m

15.4 m

4.0 m

60°

2.7 m

6.0 m

17.5 m

5.5 m

90°

2.7 m

5.5 m

18.0 m

7.0 m”

(11)

Where adverse soil conditions are present, the Development Authority may

require a layer of packed gravel, rock, crushed concrete or rock which is

greater than 4 inches in depth to meet the Minimum Gravel Parking

Standard.

3.2.1 Parking Layout for Commercial Developments

(1) The parking layout of all commercial developments shall be constructed to meet

the following standards to the satisfaction of the Development Authority.

(a) Parking aisles shall not be greater than 105.0 m in length.

(b) All parking aisles shall be provided with curbed islands at each end,

measuring no less than 1.0 m in width.

3357/S-2019

3357/A-2006

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-9

configured into smaller cells by use of interior landscaping, drive lands,

and pedestrian walkways.

(d) Pedestrian walkways for parking lots containing more than 200 parking

spaces shall be a minimum of 1.2 m in width and shall be oriented, to

ensure safe and efficient pedestrian traffic flow. Such walkways shall be

incorporated into any adjoining neighbourhood trail system.

(e) All commercial developments shall provide for adequate stacking and

queuing lanes for vehicles to ensure that traffic will not unduly cause

hazard or impede traffic on public roads.

(f)

With the exception of the Riverlands Districts, the parking intended for

each use shall be located near the entrance of the Building containing that

use.

(g) All parking stalls within new developments shall be at least 2.7 m in

width. Parking stalls within developments approved prior to September

11, 2006 shall be at least 2.6 m in width.

3.2.2 Accessible Parking Design

(1) The intent of this subsection is to establish development standards for parking lots

and walkways within all commercial, public service and to some multiple family

residential developments is required to ensure accessibility by persons with

mobility challenges (i.e. wheelchairs, strollers, walkers, walking canes). The

requirement of this subsection 3.2.2 apply to all development permit applications

for:

(a) new and existing developments in commercial and public service districts;

and

(b) new and existing multiple family building residential developments which

have a shared or common entrance:

(2) Concrete curb stops shall be provided for all parking spaces adjacent to all

walkways fronting commercial, public service and multiple family residential

development entrances. Such curb stops shall be set back a sufficient distance

from the walkways to prevent vehicles from projecting over the walkway.

(3) Walkways along the front, rear and side of commercial, public service and

multiple family residential structures shall be free of obstructions and

architectural features that would impede access and travel for persons with

mobility challenges.

3357/Q-2016

3357/A-2008

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-10

(4) Ramps shall be constructed on walkways along the front, rear or side of

commercial, public service and multiple family residential structures, wherever

required so as to ensure that such walkways are accessible to persons with

mobility challenges.

(5) Walkways shall be provided:

(a) from commercial and public service developments to any adjacent

transit stops and public sidewalks;

(b) from a multiple family development to the nearest public sidewalk;

and

developments.

(6) An application for a development permit for a development in a commercial,

public service or multiple family residential district that is to provide for

accessibility is subject to the approval of the Development Authority, which may,

in its discretion, impose additional specific obligations similar to the foregoing in

order to ensure that walkways are accessible.

(7) The Development Authority may, in its discretion, waive any of the requirements

of Section 3.2.2:

(a) in the case of a minor redevelopment of an existing commercial, public

service or multiple family building, (such as an architectural modification,

modified signage, a change in elevations, the installation of a shed or

seasonal garden centre, or the construction of a new front entrance);

(b) where the redevelopment does not include an expansion of, or an

amendment to, an approved site plan; or

adjoining sidewalk is of sufficient width to accommodate both vehicle

overhang and accessibility by persons with mobility challenges.

3.2.3 Parking and Landscaping Separation

(1) Parking areas shall be physically separated from any landscaped areas either by

the use of curb stops or any other means satisfactory to the Development

Authority.

3357/I-2013

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-11

3.3 DELETED

3.4 DELETED

3.5 Accessory Building Regulations

(1) An accessory building:

(a) shall not be erected or placed on the rear yard of a site closer to the side

boundary which is a common boundary with a street than the minimum

side yard for the site; and

(b) may not be erected or placed over a gas line if the accessory building is on

a permanent foundation.

(2)

No Accessory Building or Buildings designed or intended to be used for a

workshop shall be erected on a Site in a C1 District or the Riverlands Districts if

the ground floor area of such Accessory Building or Buildings exceeds 40% of

the ground floor area of the Principal Building on the Site.

(3)

An accessory building shall not enclose the service valves or shut off valves of a

sewer or water line.

(4) A private garage, or carport, in addition to the other provisions of this section and

section 3.11 shall comply with the following:

(a) where the vehicle entrance to the garage or carport face a lane, the

building setback shall be either 6.0 m or 0.9 m from the lane, except in

those cases where an easement has been placed along the rear property

line, in which event the building setback shall be either 6.0 m or the width

of the easement plus 0.5 m from the lane,

(b) where the vehicle entrance to the garage or carport face the side boundary

of the site which is not a common boundary with a street, the building

shall be not less than 6.0 m from the side boundary which the entrance

faces. If there is an easement, the building setback at its closest point shall

be the width of the easement plus 0.5 m from the lane,

of the site which is a common boundary with the street, the building shall

be not less than 6.0 m from the nearest edge of the sidewalk abutting such

3357/AA-2007, 3357/B-2018

3357/B-2018

3357/Q-2016

3357/D-2021

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-12

side boundary and where there is no sidewalk, not less than 2.4 m from

such side boundary of the site. If there is an easement, the building

setback at its closest point shall be the width of the easement plus 0.5 m

from the lane,

(d)

DELETED

(5)

Accessory Buildings in all Residential Districts and Riverlands Districts

shall be similar to, and complement, the Principal Building in exterior

material, colour, and appearance.

(6) Where after being built an Accessory Building or detached Garage is

identified on a Real Property Report (RPR) to have been built in an error

of not less than 90% or more that 10% of the required setback distance,

and provided the structure does not encroach on an easement, it is deemed

to still be compliant with the corresponding setback regulation subsection.

3357/J-2023

3357/A-2016, 3357/Q-2016

3357/J-2023

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-13

3.6 Landscaping Regulations

(1) The Developer shall submit detailed landscape design plans with the application

for development for approval by the Development Authority in compliance with

the Landscaping Regulations specified herein, which shall include the lands

proposed for development as well as all adjacent boulevards and municipal

reserves.

(2) In addition to the requirements section 2.4, the landscape design plan shall

include the following additional information:

(a) common botanical names;

(b) planting standards - excavation for all plantings shall be 50% larger

volume than the soil ball and filled with acceptable topsoil. The minimum

planting excavation will be 0.6 m x 0.6 m; and

(3)

The landscape design plans shall include details, specifying the mixture of

coniferous and deciduous trees and shrubs designed to provide landscape

enhancement for year round effect as well as any water conservation methods or

strategies employed. Any proposed landscaping plan with a naturescaping

component for new development or redeveloped site shall be subject to

Development Authority approval.

(4) Landscape details shall consist of not less than the following standards:

(a) deciduous trees - minimum calliper 60.0 millimetres (measured 450.0

millimetres from ground level),

(b) coniferous trees - minimum height 2.5 m,

(d) coniferous shrubs – minimum #2 container class.

(5)

Refer to Section 7.15 Major Entry Areas Overlay District, Subsection (7) for

Major Entry Areas Regulations for Landscaping.

3357/T-2009

3357/G-2016

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-14

(6)

In all areas other than Major Entryways Areas the following minimum

standards shall be met:

(a) One tree is required for each 60.0m² of landscaped area;

(b) One shrub is required for each 30.0m² of landscaped area;

approximately 2:1.

(7) The use of landscaping is required adjacent to exterior walls which are visible

from adjacent public roads, other than lands, to minimize the perceived mass of

the building and to create visual interest.

(8) The landscaping of boulevard and front yards shall include a mixture of

coniferous/deciduous tree and shrubs.

(9) Where off street parking for 25 or more vehicles is required and is being

provided at grade, dispersed landscaped areas shall be provided within the

interior of the parking area(s) for the purpose of providing visual relief and to

break up large areas of parking into smaller cells.

(10) The landscaping treatment shall be in the form of landscaped islands,

particularly at the termini of long rows of parking; tree lines separating facing

rows of parking stalls, or some other form or combination of landscaping

treatments.

(11) The location, extent and type of plantings and other landscaping treatments shall

be to the satisfaction of the Development Authority.

(12) The applicant shall, as a condition of Development Permit approval, provide an

Irrevocable Letter of Credit to The City equal to 100% of the estimated

landscaping costs, with the conditions of the security being that:

(a) if the landscaping is not completed in accordance with the provisions of

this Bylaw and the approved landscaping plan within one growing season

after the completion of the development, then the amount specified in the

Irrevocable Letter of Credit shall be paid to The City on demand for its use

absolutely, and

(b) Engineering Services shall not release the Irrevocable Letter of Credit

until an inspection of the site has demonstrated that the landscaping has

been well maintained and is in a healthy condition two growing seasons

after completion of the landscaping. This inspection will be performed at

the discretion of the Development Authority within four weeks from the

3357/T-2009

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-15

date of receiving a written request for the applicant to perform said

inspection.

(13) The parking of vehicles, the outdoor display or sale of goods and outdoor

storage are all prohibited on any portion of a site which has been approved for

landscaping (including the natural display of grass, plants or other landscaping

features) unless approved by the Development Authority.

(14) A minimum of 15% of all Landscaped Area of developments requiring a

landscaping plan shall consist of Naturescaping.

(15) The Developer is responsible for landscaping boulevards and roadway berms

adjacent to the lot or development site.

(16) In addition to subsection (15), with the exception of mixed use district areas, in

the case of non-residential lots adjacent to residential lots, landscaping shall

provide a visual buffer between the residential and non-residential uses.

(17) 25% of all front yards of detached, semi-detached and multi-attached dwelling

units shall consist of landscaped area.

3357/E-2006

3357/T-2009

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-16

3.7 Loading Spaces

(1) The minimum required number of loading spaces:

(a) In C1, C1A, C2A, C2B, C3 and C4 Districts, one loading space opposite

each loading door with a minimum of one shall be provided.

(b) In I1 and I2 Districts, one loading space opposite each loading door with a

minimum of one for each 1,858.0 m

of floor space shall be provided.

(2) Loading Space Standard:

(a) A loading space shall be located on the same site as the building or use in

respect of which it is required.

(b) A loading space situated within a setback distance from a street or lane

shall not be counted for the purposes of this section.

(i) it is reasonably accessible to any vehicle intended to be

accommodated there;

(ii) it can be properly maintained; and

(iii) it is satisfactory to the Development Authority in size, shape,

location and construction.

(d)

A loading space shall be at least 2.7m wide, having an area of at least

29.0 m

, and have an overhead clearance of at least 3.6 m.

(e) A loading space and the driveway which provides access thereto shall be

surfaced as directed by the Development Authority and be properly

maintained.

3.8 Deleted

3357/I-2013

3357/E-2006

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-17

3.9 Projection Over Yards

(1) Except as provided in this part, no person shall allow any portion of the principal

building on a site to project into a minimum yard setback.

(2) On a site in any district, an exterior fire escape not more than 1.2 m wide,

provided that in commercial districts an exterior fire escape must be constructed

at least 3.6 m above grade.

3.10 Number of Buildings per Site

(1) Not more than one principal building shall be erected on a lot unless an overall

site plan, which provides for one or more groups of buildings, has been approved

by the Development Authority.

3.11 Restrictions on Corner Site Lines

(1)

No person shall erect, place, allow or permit any Building, fence, vehicle or

trailer, Sign, screening material or object, and no person shall plant or permit to

grow any hedges, trees or vegetation which exceeds 0.9m in height on a portion of

a Corner Site determined as follows:

(a) where the corner site is at the intersection of two lanes or two streets,

within a triangular area two sides of which shall be a minimum of 4.5 m

long, measured from the corner of the corner site along the boundaries of

the lot which meet at the said intersection, and the third side by drawing a

line to connect the points so determined on each such boundary (for

illustrative purposes see Part 3, Figure 2), or

(b) in the case of a site which is at the intersection of a lane and a street,

within a triangular area two sides of which shall be a minimum of 3.0 m

long, measured from the corner of the corner site along the boundaries of

the lot which meet at the said intersection, and the third side by drawing a

line to connect points so determined on each such boundary (for

illustrative purposes see Part 3, Figure 2).

(2) In the front yard of a site in a residential district, no fence or hedge more than 0.9

m in height shall be permitted within 6.0 m of the intersection of a driveway or

lane and a road. (for illustrative purposes see Part 3, Figure 2).

3357/B-2018

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-18

Figure 2-Restrictions on Corner Sites

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-19

Figure 2B-Restrictions on Corner Sites

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-20

3.12 - DELETED

Figure 3-Major Entry Areas - DELETED

3.13 Roof Drainage

(1) All roof drainage shall be directed onto the site or as specified by the

Development Authority.

3.14 Similar Use Permit

(1) The list of discretionary uses for any land use district shall be deemed to include

any use which is, in the opinion of the Commission, consistent with the overall

intent of the land use district and similar to a listed permitted or discretionary use.

3.15 Building Heights

(1) The height of a building is the vertical distance measured from the average grade

to the highest point of the building.

(2)

The highest point of a Building shall be determined without considering an

elevator housing, roof stairway entrance, water tank, ventilating fan, skylight,

steeple, chimney, smokestack, fire wall, parapet wall, aerial array, flag pole or

similar device or feature not structurally essential to the Building.

3.16

DELETED

3.17 Satellite Dish Antennas

(1) No satellite dish antenna:

(a) shall be located in a front or side yard abutting a street,

(b) shall be illuminated, or

3357/G-2016

3357/B-2018

3357/W-2015

City of Red Deer Land Use Bylaw 3357/2006

General Regulations Applicable to All Districts 3-21

(2) Satellite dish antennas greater than 0.8 m in diameter may not be erected in any

residential district in such a manner that any part thereof is more than 3.0 m above

the grade level, without the approval of the Development Authority.

(3) Satellite dish antennas 0.8 m in diameter or less:

(a) in the case of a residential structure with a pitched roof, no portion of the

satellite dish antenna may be located above the highest point of the pitched

roof, without the approval of the Development Authority,

(b) in the case of a residential structure with a flat roof, may be attached to the

building’s fascia or soffit or any lower location.

3.18 Utility Regulation Stations

(1) The

Development Authority may approve the erection of a gas, electricity or

waterworkspumping, regulating, transformer or storage building or equipment, on

a site, notwithstanding that such development does not conform to the area or side

yard requirements of this Bylaw.

3.19 Electrical Overhead Wiring Separation Distance

(1) No building which exceeds 4.4 m in height may be constructed so that any part of

it is closer than 4.3 m to a boundary which is adjacent to existing overhead

wiring.

(2) No building which is less than 4.4 m in height may be constructed so that any part

of it is closer than 2.5 m to a boundary which is adjacent to existing overhead

wiring.

(3) In order to accommodate electrical wiring and equipment, the Development

Authority may require the registration of an easement as a condition of the

issuance of a development permit.

(4) Where there is a difference between the setback required under this section and

the setback required under Parts 4-8 of this Bylaw, the greater distance shall

prevail.

3.20 Fence Regulations

(1) No person shall erect or cause to be erected or shall have or maintain on any

property located in the City of which he is the owner, occupant, tenant or lessee:

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(a) any barbed wire fence or other barbed wire structure or any fence which is

surmounted by nails, sharpened spikes, broken glass or other dangerous

objects or materials; or

(b)

any electrified fence; and

(c)

any fence made of pallets, cloth, tarps, plastic that is non-weather

resistant, or materials which may deteriorate quickly in inclement weather,

or those of which are deemed unsightly in nature.

(2) Subsection (1)(a) shall not apply:

(a) where barbed wire is placed on a fence at a height of not less than 1.83 m

above the level of ground on a fence in a non-residential district;

(b) where the fence is located on land designated A-1 Future Urban

Development District under this land use bylaw.

(3) A fence in a residential district or other district in which the principle use is

residential, must meet the following requirements:

(a) the portion of a fence which is located between the front of the building

and the rear property line or along the rear property line may not exceed

2.0 m in height;

(b) the portion of a fence which is located between the front of the building

and the front property line may not exceed 0.9 m in height.

(4) For the purpose of subsection (3) the height of a fence is measured from ground

level to the top of the fence, except where the fence is located on a retaining wall,

in which case the height of the fence shall include the height of the retaining wall.

(5) The Development Authority may grant a relaxation to the height requirement set

out in subsection 3.20 (3).

(6) No development permit is required for a fence in a residential district or other

district in which the primary use is residential except unless a height relaxation

under section 3.30 (5) is requested.

(7) No development permit is required for a fence in a non-residential district.

(8)

No person shall construct, allow or permit a fence to be located on City property,

including a road or lane right-of-way, City boulevard, utility lot or municipal

reserve lot, without the expressed written permission of The City.

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(9)

All fencing shall take into account the Principal Building appearance to ensure

compatibility of surrounding developments.

3.21 Cremation Regulations

(1) The use of a crematorium, retort or cremation chamber must not result in any

noise, odor, smoke or other nuisance which emanates beyond the boundaries of

the premises on which the use takes place.

3.22 Public Property Regulations

(1) No person shall park or leave a vehicle, or any part of a vehicle, on or over any

public property.

(2) The prohibition in subsection (1) does not apply to a vehicle which is parked:

(a) in a designated parking stall or designated parking areas;

(b) on any carriageway intended for the passage of vehicles and where not

otherwise prohibited;

approval of The City.

(3) Where one or more vehicles are parked or left on public property contrary to

subsection (1), it shall be a separate offence for each day that such vehicle(s) is so

parked or displayed.

(4) No person shall store, display or sell goods on any public property, except in

accordance with the terms of a valid City business license or other lawful

authority granted by The City.

(5) Subsection (4) does not prohibit occasional sidewalk sales provided that such

sales do not impede pedestrian traffic on the sidewalk.

3.23 Objects Prohibited or Restricted in Yards

(1) No person in lawful possession or control of a site shall allow or permit a trailer

parked on such site to be used for living or sleeping accommodation except as

follows:

(a) A trailer parked in an approved campground.

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(b) A trailer parked in the Westerner Exposition site if their on-site

campground is full or if exhibitors require close proximity to on-site

facilities.

recreation venue site, community centre or major hotel with

conference/convention facilities providing:

(i) the occupant has obtained consent from the owner of the site and is

attending a function or event in a facility on that site;

(ii) the owner of the site has obtained approval from the Development

Authority;

(iii) overnight parking on the site does not exceed two consecutive

nights unless approved by the Development Authority;

(iv) overnight parking on the site shall not exceed two occasions per

calendar month unless approved by the Development Authority;

(v) no fees shall be charged for overnight parking;

(vi) the owner of the site will be responsible to ensure that all City of

Red Deer Bylaws, including the Public Order Bylaw, are complied

with.

(d) A trailer parked on a site in a residential district for 48 hours or less

between the first day of April and the thirty-first day of October each year

providing:

(i) the owner of the site obtains approval from the Development

Authority;

(ii) no rent or fees are paid for the use of the site or facilities;

(iii) the period shall in no circumstances exceed thirty days without

prior approval of the Development Authority.

3.24

DELETED

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3.25

Community Gardens

Community Gardens are discretionary use in all districts and subject to approval by the

Development Authority.

3.26

Temporary Buildings

(1) A temporary building may not be erected without the permission of the Development

Authority which may be granted as follows:

(a) any district other than a residential district subject to the owner agreeing to

remove such a building in accordance with the terms and conditions stipulated by

the Development Authority.

(b) a residential land use district provided that:

(i) no such temporary building shall have a floor area exceeding 16.5 square

metres, be more than 3.0 metres in height or be set back less than 1.2 metres from

the side of the property line; and

(ii) the owner enters into an agreement to remove such a building in accordance

with the terms and conditions stipulated by the Development Authority;

(iii) there shall be no more than one temporary building per site;

(iv) a temporary building being used as a garage must be placed in the rear yard

only;

(v) in the case of a pre-manufactured temporary building, the elevations shall be

subject to the approval of the Development Authority;

(vi) the temporary building must be set back at least 1.2 metres from the property

line; and

(vii) the permit for the temporary building shall expire at the end of 24 months

unless extended by the Development Authority.

(c)

Through a Special Event Permit

(2) If an owner fails to comply with the terms and conditions of a temporary building

permit, the Development Authority may remove or cause to be removed such

building as the case may be, the costs of which shall be charged against the lands

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upon which the temporary building is situated and shall be payable by the owner to

The City on demand.

(3) A temporary building may not be used as a dwelling